My question involves a child custody case from the State of: Arizona.
My son and I live in Maricopa County and my sons father lives in a much smaller county almost four hours away. We have lived in Maricopa County for the last five years. My ex decided in the middle of the last trial we had (I was trying to relocate out of state) to move to Maricopa County for his job. Up until this point, he had only exercised approx. 80 parenting days/ year. The judge in our case decided that since he was now within the same county, he should get 50/50 parenting time. For the last 6 months we have been doing 50/50 with few major problems however he had mentioned problems with the distance and driving that he had to do to make it happen (he lived 45 mins away). I knew we would have to modify our current parenting plan so I motioned the far/current county for a change of venue to Maricopa County. Literally two weeks after filing this motion to change venue, my ex moved his family back to the small/far county.
My question: If the child has lived in Maricopa County for the last 5 years, and his father also has resided in Maricopa County for the last year, what are the odds the court will grant the motion to change venue? Why wouldn't they? Does him all the sudden giving up his 50/50 and moving back without notice give that County reason to maintain control over our case? Wouldn't he still be a resident of Maricopa County until he has lived back in the old County for 90 days?
Thanks for any help! I've sited the law, sited that everyone lives in a different County now, but did not mention that he all the sudden moved back. When I initially filed, he lived here. During the process of response/reply, he moved back. I just filed my reply to his response yesterday... Interestingly enough- his attorney didn't mention him moving back to the old/current County either.

