Category : Child Custody

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 […]

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

Child Custody

Mother filed her petition for modified custody in compliance with Arizona 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 and procedure was […]

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 […]