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Tips for Parenting During the Pandemic
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….
NEW Arizona COVID-19 Parenting Time Guidelines
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…
Joint Legal Decision-Making Co-Exists with One Parent’s Final Say on Child’s Medical Care
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…
Registration of Foreign Custody Order Not Required Before Arizona Modification
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…
Hospital Emergency Hotline for Ex Parte Treatment Orders Over Parents’ Religious Objection
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…
Family Court Authority to Modify Orders of Protection in Arizona Divorce and Child Custody
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…
Grandparents Get Emergency Temporary Sole Legal Decision-Making and Parenting Time of Arizona Widow’s Five Children
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…
Parental Rights Terminated for Failure to File Notice of Paternity Claim with Putative Fathers Registry
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…
Arizona Mother Fraudulently Acknowledged Husband’s Paternity in Divorce Petition
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…
Home State Custody Jurisdiction When Child Relocated to Arizona
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…