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In Re Marriage Of Frank Higgins

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eBook details

  • Title: In Re Marriage Of Frank Higgins
  • Author : Arizona Court of Appeals
  • Release Date : January 27, 1999
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 65 KB

Description

¶1 Sara Deane Higgins ("Mother") appeals from a dissolution decree in which she and Frank Higgins ("Father") were awarded joint custody of two daughters, Father was awarded in loco parentis visitation with Mother's son, and Father was made the residential parent of all three children. We conclude that the court had jurisdiction to award Father in loco parentis visitation with Mother's son. We also conclude that the court abused its discre-tion by basing its residential parent and visitation decisions on the fact that Mother lived with a boyfriend. Because the record contains no evidence to support the court's Conclusion that Mother's adulterous cohabitation had "a very serious and harmful detrimental effect upon the children," we reverse and remand for new trial on all issues relating to the children. The decree is otherwise affirmed.


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