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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 […]

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 […]

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’ […]

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, […]

ASRS Lacked Authority to Limit Former Spouse’s QDRO Preserved Survivor Benefit

Arizona Divorce, Property Division

Former wife’s rights to survivor benefits of retired former husband were preserved by a valid QDRO and Arizona State Retirement System had no statutory authority to limit her rights as a contingent annuitant. Sharon DiGiacinto v. Arizona State Retirement System Arizona Divorce Decree with Domestic Relations Order The spouses were married in 1983. In 2003, […]

Combined Child Support Worksheets Inflated Father’s Obligation

Child Support

In this post-divorce child support modification case involving an unusual parenting arrangement, combining two separate child support worksheets for three children was not contemplated by the Arizona Child Support Guidelines and resulted in an inflated obligation to the Father. Justin T. Mitton and Candice H. Mitton Father Petitioned for Child Support Modification The parents were […]

Reflections on What Makes a Marriage Work

Child Support, Military Divorce

In our March family law newsletter, we offer some special insight into marriage and what makes the legal team at Stewart Law Group tick. Take a look. In Keeping Our Marriage in Peak Condition, attorney Scott David Stewart talks about celebrating an important benchmark in life – his wedding anniversary. Reflecting on what keeps his […]

LLC Operating Agreement with Arbitration Was Postnuptial Agreement

Arizona Divorce, Property Division

In this consolidated divorce action, an LLC operating agreement with an arbitration provision was found to be a postnuptial agreement affecting a spouse’s separate property. The after-marriage property transactions that took place in this case involved a limited liability company, two irrevocable trusts, and one revocable trust. Valer C. Austin v. Josiah T. Austin The […]

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 […]

Ushering in the New Year, It’s Stewart Law Group’s January Newsletter

Arizona Divorce

Welcoming the New Year, Stewart Law Group’s January newsletter – our first words for 2017 – has some fun and interesting ideas for loyal readers (and new readers) to mull over. Attorney Scott David Stewart leads off the newsletter with “What’s Your Word?” Scott talks about the value of weaving a single, positive theme throughout […]

Holiday Issue! December Arizona Family Law Newsletter

Arizona Divorce

Greetings and happy holidays to all of our loyal readers! Be sure to click here and read the Arizona Law Group’s December family law newsletter. This month’s newsletter covers a lot of territory. Because the holidays often see an uptick in traffic violations, we’ve included a couple articles on the subject of Arizona DUI. Scott […]

Arizona Divorce Mediation Process Has Very Broad Privilege

Mediation

Divorce mediation process privilege is a creature of statute with limited exceptions and no implied waiver of confidential communications in this Arizona case summary. Grubaugh v. Hon. J.T. Blomo, Judge of Superior Court in Maricopa, A. Lawrence, et al. Special Action from Superior Court in Maricopa County The ex-wife in divorce case filed a complaint […]

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 […]

Husband’s Petition to Enforce Property Division in Arizona Divorce Not Time Barred

Property Division

Former spouse’s petition to enforce the property division in the divorce decree was not time-barred by statute of limitations under ARS § 12-1551 in this Arizona case summary. Lauren M. Jensen v. Peter D.J. Beirne Division of Community Property in Arizona Divorce The court entered the parties’ divorce decree in June 2005. As part of […]

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 […]

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