Category Archives: Uncategorized

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 [...]
15 Jun

Arizona’s Conciliation Court; Defined and Explained

Arizona’s Conciliation Court; Defined and Explained  If you have been referred to “Conciliation Court” you may be wondering what that is, and what it has to do with you! Article 7, Title 25 of Arizona’s Domestic Relations Law sets forth the scope and powers of ‘The Courts of Conciliation”.  Since the first section states that it preserves… promotes… and protects matrimony’, a casual reader might think the court only worked to reconcile divorcing couples.  That’s just part Read more [...]
12 Jun

Legal Basics of Minor Child’s Marriage

Legal Basics of Minor Child’s Marriage Section 25-102 of Arizona’s of the Domestic Relations Law contains the rules for a minor who wishes to marry.  If an Arizona citizen is under 18, and wants to get married, they must meet the statutory requirements.  In some cases, the court must also give consent, and the statute gives the court a great deal of discretion in making findings and imposing further conditions to the marriage.  The underlying rationale is one of defensive young people Read more [...]
09 Jun

Legal Decision Making Defined and Explained

Legal Decision Making Defined and Explained When a couple with children plans to divorce, they have to understand how the law affects their children.  There are new concepts, such as joint legal decision making, legal decision making and sole decision making.  Each phrase has its own legal significance, and it’s important to understand how each one applies to a parent and their children. Joint Legal Decision Making Arizona supports parents who reach legal decision making (custody) and Read more [...]
08 Jun

Arizona Guide to Pre-Marital Agreements

Arizona Guide to Pre-Marital Agreements People who get married expect their marriage will last forever, but Arizona has one of the higher divorce rates in the United States, so many Arizona couples decide to make a pre-martial agreement.  It can decide how property and income will be divided if the marriage is dissolved or annulled.  This agreement must comply with all the statutory requirements of Sections 25-202 to 25-205 or the courts will not enforce it. Elements of a Valid Agreement In Read more [...]
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