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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…
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…

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…

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…
Parenting Plan in Child Custody Modification with Addiction Recovery for Mom
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…

Combined Child Support Worksheets Inflated Father’s Obligation
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…

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

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….

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

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…