Category : Child Custody

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 […]

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

Child Custody

Mother filed her petition to modify child custody in Arizona compliant with the state’s 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 […]

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 […]

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, […]

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 […]

Family Court Authority to Modify Orders of Protection in Arizona Divorce and Child Custody

Arizona Divorce, Child Custody, Domestic Violence

Arizona Court of Appeals held the family court has statutory authority to modify an order of protection when terms may conflict with the court’s parenting orders in divorce or child custody proceedings. But only to the degree the family court is satisfied the modified order of protection and party’s request for parenting time will not […]

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 […]

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 […]

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 […]

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 […]

Paternal Grandparents Petition for Visitation Granted Over Divorced Arizona Mother’s Objections

Child Custody

Paternal grandparents’ visitation rights following Arizona divorce involved best interests of two grandchildren and mother’s refusal of access. Having properly accorded special weight to mother’s objection to grandparent visitation, having made findings on best interest of the child factors, the trial court found grandparents rebutted the fit-parent presumption and ordered visitation. Affirmed on appeal. Lisa […]

Why Arizona Marital Presumption of Paternity Law Only Applies to Men

Child Custody

Arizona marital presumption of paternity statute is gender-specific, applies only to men, and cannot be rewritten by the court to apply to women; there is no legal presumption favoring a female spouse who is neither biologically connected nor the adoptive parent in women’s same-sex marriage. Turner v. Hon. R.K. Steiner/Oakley Temporary Child Custody Orders Are […]

Parenting Plan in Child Custody Modification with Addiction Recovery for Mom

Child Custody

Parenting plan agreement with parenting time and legal decision-making terms adopted by court. Mother ordered into addiction recovery in post-decree child custody modification; with discovery sanctions and attorneys fees awarded to Father. Lee Krieger v. Jennifer Duick Modified California Child Custody Orders in Arizona Under the stipulated terms of the parties’ California divorce in 2007, […]

Mother’s Moving Away Did Not Invoke Arizona Relocation Law

Child Custody

Father’s objection to mother’s relocation was rejected because her first move from Phoenix to Payson, Arizona, was court-approved and her current move from Payson to Lakeside, Arizona, was less than 100 miles. Father failed to prove material change in circumstances affected the children’s welfare sufficiently to warrant modified parenting time or legal decision-making authority. Michelle […]

Husband’s Name on Birth Certificate Does Not Bar Father’s Arizona Paternity Suit

Child Custody

Father’s paternity action was not barred and birth certificate is not legal equivalent of voluntary acknowledgment of paternity where child was not born out of wedlock in Arizona case summary. Bill W. Castillo v. Thania N. Lazo Extramarital Affair While Husband Is Overseas While married, the mother had an extramarital affair with the father. The […]

Sending Child to Out-of-State Boarding School Impacted Mother’s Parenting Time

Child Custody

Father’s desire to send high school age child to out-of-state boarding school would substantially reduce mother’s parenting time per parenting agreement incorporated in their divorce decree, requiring best interest analysis of statutory factors in Arizona case summary. Deborah C. Baker v. Matthew M. Meyer The parties were married in 1995 and had three children together […]

Modified Child Custody Order Violated Parent’s Due Process Rights

Child Custody

In this child custody case, a modified custody order violated due process by exceeding the scope of hearing on father’s motion to end mother’s supervised parenting time; custody order vacated and matter remanded in Arizona case summary. If you’re experiencing a similar situation, call an experienced due process violation attorney in Arizona. Do you need […]

Mexico Court Had Child Custody Jurisdiction for Arizona Enforcement

Child Custody

UCCJEA child custody jurisdiction of foreign court (Mexico) in Arizona case summary. Mauricio Fernandez Margain V. Elsa Lourdes Ruiz-Bours In a Mexico divorce action, the child’s father was awarded definitive legal custody. During proceedings, mother absconded with the child to Tucson, Arizona. Father petitioned to enforce the foreign court’s order in the Superior Court in […]

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