IN THE COURT OF APPEALS
STATE OF ARIZONA
In re the Marriage of:
No. 1 CA-CV 06-0685
(Not for Publication -
Rule 28, Arizona Rules
of Civil Appellate
Appeal from the Superior Court in Maricopa County
Cause No. FC 2005-051710
The Honorable Cari A. Harrison, Judge
R.J. Peters & Associates, P.C.
By Carlie Owsley Walker
Attorneys for Petitioner/Appellee
Warner Angle Hallam Jackson & Formanek PLC
By Erik C. Bergstrom
Attorneys for Respondent/Appellant
J O H N S E N, Judge
Kimberly Hester ("Mother") appeals an order awarding
primary custody of the parties' minor child to Michael Clement
("Father"). For the following reasons, we affirm the order of the
FACTS AND PROCEDURAL BACKGROUND
We review the facts in a light most favorable to
upholding the trial court's decision. Double AA Builders, Ltd. v.
Grand State Constr. L.L.C., 210 Ariz. 503, 506, ¶ 9, 114 P.3d 835,
838 (App. 2005).
The parties were divorced in 1997 pursuant to a Florida
court decree that granted them joint custody of their minor son,
who was born on October 25, 1993, and awarded primary physical
custody to Father. Mother acknowledged she did not seek primary
custody at the time of the divorce because she had a substance
abuse problem and could not provide a stable home for the child.
By mutual agreement, the child resided with both Mother and Father
for extended periods of time and for several years the parties were
able to work well together regarding his residential arrangements.
Mother remarried and gave birth to a daughter in 1999.
Father testified he agreed to Mother's request for physical custody
of their son in 2000 because he knew how much their son loved his
mother and needed to bon