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Domestic Violence Basis for Modifying Rule 69 Agreement on Arizona Custody
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…
Mother’s Petition for Child Custody Modification Resulted in Award of Sole Legal Decision-Making to Father
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…
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…
Husband’s Name on Birth Certificate Does Not Bar Father’s Arizona Paternity Suit
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….
Modified Child Custody Order Violated Parent’s Due Process Rights
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…