Blog

Grandparents Get Emergency Temporary Sole Legal Decision-Making and Parenting Time of Arizona Widow’s Five Children

Child Custody

In this special action, the trial court entered temporary child custody orders granting grandparents sole legal decision-making and parenting time of the mother’s five minor children following ex-parte petition and hearing. Mother’s fitness as a parent was challenged and the trial court did not err in granting temporary third-party custody to the grandparents. Gia Chapman […]

Arizona Family Law Legislation Update

Child Support, Spousal Maintenance, Statutes

We have three changes in Arizona family law to report. Two bills were recently signed into law and the Arizona Child Support Guidelines have been revised. Take a look at what’s new half-way into 2018. New Spousal Maintenance Eligibility Threshold Arizona’s spousal maintenance factors are set forth in ARS § 25-319. For about two decades, […]

Challenge to Obligor-Parent’s Statement of Arrears Not Time-Barred in Out-of-State Child Support Registration

Child Support

Child support obligee can contest obligor’s statement of zero child support arrears owed under Arizona Uniform Interstate Family Support Act (AUIFSA) despite failure to file her hearing request within 20 days after receiving notice of obligor’s registration in Arizona of an out-of-state child support order. Tiffany G. Taylor v. Thomas Pandola The Arizona Supreme Court […]

Parental Rights Terminated for Failure to File Notice of Paternity Claim with Putative Fathers Registry

Child Custody

Biological father filed paternity establishment petition in California where both parents resided. His parental rights were terminated on statutory ground he failed to file notice of claim of paternity with Arizona putative fathers registry. Mother’s fraud and adoption agency misrepresentations were punished by award of sanctions. No due process violation with service by publication because […]

Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father

Child Custody

Mother filed her petition for modified custody in compliance with Arizona law. Father did not file a petition for modification, but motioned for temporary orders requesting he be awarded sole legal custody. The court granted father’s motion for sole legal decision-making. Affirmed on appeal, the mother’s interpretation of Arizona custody modification law and procedure was […]

Arizona Mother Fraudulently Acknowledged Husband’s Paternity in Divorce Petition

Child Custody

Mother fraudulently acknowledged husband’s paternity in her Arizona petition for divorce. The husband was awarded joint custody, yet did not adopt the child and was not added to the birth certificate. Two years after divorcing, the former spouses were parties in Mr. Chao’ action to establish paternity. The Superior Court set aside that portion of […]

Joining Ex-Husband’s Current Wife in Divorce Property Settlement Enforcement Lawsuit

Arizona Divorce

In this lawsuit to enforce divorce property settlements, the trial court erred in denying petitioner’s third party motion to join ex-husband’s current wife; former husband’s contribution to community assets was an issue properly before the family court; findings of debtor’s contribution to community property should have been made with the current wife given opportunity to […]

Arizona Cold Expert Witness on Domestic Violence Not Impermissible Offender Profiling

Domestic Violence, Statutes

Arizona Supreme Court affirmed felony domestic violence conviction. Trial court did not abuse its discretion in allowing “cold” expert witness testimony on why domestic violence victims often stay in abusive relationships. Expert testimony was not impermissible offender profiling. Arizona v. Mark Haskie, Jr. Felony Domestic Violence in Arizona Law The defendant was convicted of felony […]

Home State Custody Jurisdiction When Child Relocated to Arizona

Child Custody

Modification of other state court’s child custody order for parenting time and legal decision-making was proper where Arizona court first asserted temporary emergency jurisdiction under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). After New York and Florida declined jurisdiction, Arizona asserted home state jurisdiction over a child who resided in Arizona with the father […]

Equitable Defense of Waiver Allowed Husband Credit for Spousal Maintenance Payments Made Directly to Wife

Spousal Maintenance

Trial court properly credited husband with spousal maintenance payments made directly to the wife and not to the Arizona Support Payment Clearinghouse; equitable defense of waiver meant husband’s direct payments were permitted by law after court hearing. Gus Schultz v. Taryn Schultz Trial Court Rejected Wife’s Hyper-Technical Argument for Payment Arrears According to the spouses’ […]