Category Archives: Uncategorized

21 Jul

What is community waste and how do you prove it?

Community waste is a claim during divorce that your spouse wasted community funds and needs to pay you back for spending money on items, people, or services that did not benefit you or your marriage. For instance, if your Husband regularly used a prostitute, and paid for these “services” with community funds you may have a claim for community waste. If you prove your husband “wasted” community funds, you are entitled to be reimbursed for half of the expenditures. If your Wife had Read more [...]
18 Jul

Severance or Termination of Parental Rights – Step 2

Second step in severance or termination of parental rights Previously, we discussed the first step in severing or terminating a natural parent's rights in Arizona. But once an interested party has gotten past this first requirement, what's next? If the juvenile court finds grounds for severance, the next step is to show by a preponderance of the evidence that severance is in the child’s best interests. In considering the child’s best interest, the court presumes the parent’s interests Read more [...]
14 Jul

Enforcing Parenting Time in Arizona

Enforcing the Parenting Time in Arizona When a parent has deliberately interfered with the other parent’s visitation (known as parenting time), Arizona provides several remedies, contained in A.R.S. 25-414.  The purpose of laws enacted by the Arizona legislature is to ensure parents work together and share time with the children. Therefore, limiting another parent’s time is a serious matter. And, looking at it another way, limiting the child’s time with a parent is detrimental. How to Read more [...]
10 Jul

Pet Custody: Best Interests of the Pets?

Pet Custody: Best Interests of the Pets? Custody of Fido or Patches In the 21st Century, Arizonans, like most Americans, have spent more income on their pets than ever before.  When a marriage is being dissolved, custody of the furry, feathered or finned children can become a hot button issue, and there are no laws in Arizona that govern custody of a domestic pet.  However, there are some approaches that may help people solve these disputes. Are Children Involved? When parents with Read more [...]
27 Jun

The Rights of Arizona Grandparents

The Rights of Arizona Grandparents For a family with children, divorce doesn’t just affect the immediate family; divorce impacts the entire family, including grandparents.  Divorce litigation can become a battle, and the grandparent/grandchild relationship is often a casualty of war.  Arizona Law recognizes a third-party rights’ to minor children.  Under the statute, third-parties, as well as grandparents, may petition the court for visitation or even legal decision-making (custody) of Read more [...]
26 Jun

Arizona’s Spousal Maintenance Law

Arizona’s Spousal Maintenance Law Spousal Maintenance cases may be some of the most difficult to navigate. At Modern Law, we have secured indefinite spousal maintenance awards, interim spousal maintenance awards and have successfully defended against spousal maintenance claims. While the law offers parameters, a skilled lawyer is essential when navigating the treacherous waters of spousal maintenance. Most people call it ‘alimony’ or ‘spousal support’ but A.R.S. § 25-319 refers to Read more [...]
23 Jun

Arizona’s Outlook on Surrogate Parent Agreements

Arizona’s Outlook on Surrogate Parent Agreements Arizona bans traditional surrogate parenting contracts.  The phrase ‘surrogate parent’ is not used in Title 25—the domestic relations statutes.  Section 25-218 embodies the state’s ban, and sets out rules about custody of a child born from that contract, presumptions about paternity, and definition of such a contract. Definition of Surrogate Parent Contract According to 25-218, ‘Surrogate Parent’ is a woman, who either agrees Read more [...]
22 Jun

Military Families and Divorce in Arizona

Military Families and Arizona Divorce People serving in the armed forces or married to a member of the armed forces need to know Arizona law will not control every legal proceeding.  Because one party, or both parties are serving the United States, certain Federal laws will protect the service member from litigation while deployed.  Federal law may also affect issues of legal decision-making and parenting time, and what portion of military earnings will be considered in gross income calculations Read more [...]
18 Jun

What if a parent uses drugs? Is an alcoholic? Or is always stoned?

What if a parent uses drugs? Is an alcoholic? or is always stoned?
Substance Abuse and Children’s Best Interests A parent of minor children has petitioned for divorce, and filed for either sole or joint legal decision-making (custody). The other parent replies, alleging that he or she should be awarded sole legal decision-making because the other parent uses drugs, or drinks excessively, making them unfit to have make decisions in the best interests of the children. Legal Presumption If one parent has been convicted for using drugs, or being intoxicated, Read more [...]
16 Jun

Exposing Your Child to A Sex Offender Results in Loss of Decision-Making Authority

Complete Denial of Legal Decision Making If your child is exposed to a sex offender by the other parent, you may go back to court to request an order ending parenting time, as well as an award of sole legal decision-making. The intent of Arizona law is to protect children from contact with sex offenders. Arizona’s Approach Arizona statute 25-403.05 doesn’t mince words.  Including “sexual offenders; murderers;” reveals who will be denied any type of legal decision-making for a minor Read more [...]
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