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DePASQUALE v. SUPERIOR COURT

No. 1 CA-SA 94-0359.

181 Ariz. 333 (1995)

890 P.2d 628

Diane P. DePASQUALE, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, the Honorable Paul Katz, a judge thereof, Respondent Judge, Douglas THRASHER, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department A.

February 21, 1995.

Attorney(s) appearing for the Case

Peskind Hymson & Goldstein, P.C. by Marilee Miller Clarke, Alexis J. Stanton and Leon B. Silver, Scottsdale, for petitioner.

Bendheim & Whitten, P.C. by Alice L. Bendheim, Phoenix, for real party in interest.

OPINION

FIDEL, Presiding Judge.

DePasquale brings this action to contest the trial court's interim award of physical custody of her nine-year-old son to Thrasher, the child's father. Without conducting an evidentiary hearing, the trial court changed custody from DePasquale to Thrasher pending a full-scale hearing on Thrasher's petition for permanent change of custody. The court based its order on the recommendation of a court-appointed psychologist, announcing...

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