Cited by

ather’s claims fail because Rule 35(c) allows the superior court to “decide motions without oral argument, even if requested.” A hearing is not required unless a “material contested issue hinges on credibility,” ¶ 14 (App. 2014), or the parties “are directly in opposition upon any substantial and crucial fact relevant to the [issue],”

Once a change in circumstances is alleged, Mother’s parenting capabilities should not be assessed “in a vacuum.” ().

(change of circumstances); ¶ 11 (App. 2013) (best- interests findings); ¶ 16 (App. 2009) (credibility assessments and weighing evidence); ¶ 9 (App. 2019) (legal decision-making and parenting time); Nia

Id.; ("Only after the court finds a change has occurred does the court reach the question of whether a change in custody would be in the child's best interest.").

“Only after the court finds a change has occurred does the court reach the question of whether a change in custody would be in the child's best interest.” (citing cases).

Adequate cause for modification requires “more than mere conclusory allegations that a child’s best interests would be served by a change of custody.”

the court must hold a hearing.” see also Ariz. R. Prob.

The court abuses its discretion if no evidence supports its decisions, Pridgeon v. Superior Court (LaMarca), or if it fails to make statutorily required findings, ¶ 11 (App. 2009).

Pridgeon v. Superior Court (LaMarca)

(“Only after the court finds a change has occurred does the court reach the question of whether a change in custody would be in the child’s best interest.”); A.R.S.

“Only after the court finds a change has occurred does the court reach the question of whether a change in custody would be in the child’s best interest.” (citations omitted).

Ct., (“a clear absence of evidence” warrants reversal).

The superior court abuses its discretion if no evidence supports its decision, Pridgeon v. Superior Court (LaMarca), or if it commits an error of law in exercising its discretion, Grant v. Ariz. Pub.

Ct., (reversal warranted only upon “a clear absence of evidence”).