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Tips for Parenting During the Pandemic

Child Custody

At what stage is your divorce? Whether you’re under temporary custody orders, an informal arrangement, seeking modified custody, or have been co-parenting for years, COVID-19 has probably thrown you for a loop. Have faith, fear not. We know from experience that parents are amazingly resourceful and kids are phenomenally resilient. You can do this. These […]

NEW Arizona COVID-19 Parenting Time Guidelines

Child Custody

The Superior Court in Maricopa County has issued new Family Court Guidelines for Parenting Time of Children During the COVID-19 Pandemic. These new guidelines comply with Governor Ducey’s Executive Order 2020-18 (Stay Home, Stay Healthy, Stay Connected), CDC recommendations, and applicable family law. If you have a parenting plan or parenting time order, then these […]

No Indemnification for Wife Awarded Community Share of Husband’s Military Pension if Retirement Delayed Beyond His Eligibility Date

Military Divorce

In community property division, civilian spouse was awarded 29% of husband’s military pension. Upon eligibility for retirement benefits, divorce decree required husband indemnify wife should he delay retirement to remain active duty. Arizona Supreme Court determined federal law does not entitle non-military spouse to indemnification should the service member choose to retire later than eligible. […]

DIY Divorce

Arizona Divorce

I created this guide for people who are considering handling the divorce process alone. While it may seem like the most practical and money saving choice for you right now, that will only be true after you successfully avoid all the mistakes you’ll read about here. Failing to avoid the 12 mistakes most people make […]

Joint Legal Decision-Making Co-Exists with One Parent’s Final Say on Child’s Medical Care

Child Custody

Hybrid child custody orders where parents are awarded joint legal decision-making with one parent granted final say in the event they cannot agree after consultation and good faith effort is common practice in Arizona. Awarding final say to one parent does not convert joint authority into sole legal decision-making as to child’s medical, mental health, […]

Arizona DUI with Autopilot Doing the Driving

DUI

What if these had been fully automated vehicles (level 4 or 5) with intoxicated or impaired individuals inside, who had voluntarily relinquished actual physical control? And if the impaired individual inside is a mere passenger, then who should be held responsible for injuries to others and damages caused? These issues need to be sorted out […]

Blood Test Was Voluntary Under Arizona Implied Consent Law

DUI

Driver’s consent to blood testing upon DUI arrest was voluntary. Police advised driver of Arizona implied consent law. Looking at the totality of the circumstances, the driver’s consent was neither coerced nor given under duress. The trial court did not err in denying defendant’s motion to suppress the blood test results. Affirmed. Arizona v. Alfonso […]

Domestic Violence Basis for Modifying Rule 69 Agreement on Arizona Custody

Child Custody, Domestic Violence

Rule 69 agreement for joint legal decision-making and parenting time was approved and adopted by the court in this Arizona divorce. Once adopted, Rule 69 agreements are binding and must be included in the final decree. Specific findings of substantial domestic violence acts occurring after the agreement was adopted but before the decree is entered […]

Registration of Foreign Custody Order Not Required Before Arizona Modification

Child Custody, Child Support

Arizona court had jurisdiction to modify Illinois child custody order on Nebraska father’s petition. Statute governing registration of foreign child support orders does not control registration of foreign child custody orders. With petition to modify out-of-state child support order, Uniform Interstate Family Support Act (UIFSA) requires prior registration. But Uniform Child Custody Jurisdiction and Enforcement […]

Hospital Emergency Hotline for Ex Parte Treatment Orders Over Parents’ Religious Objection

Child Custody

Hospital employees used emergency hotline with Superior Court to obtain medical treatment orders after minor patient and parents refused blood transfusions on religious grounds. With two exceptions, Arizona subject matter jurisdiction attaches upon filed petition or complaint. In this special action, the Court of Appeals held that because Banner hospital failed to initiate legal action […]

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