For many years, the question of whether medical records could be used in an Arizona divorce case was settled – so long as the issues of parenting time and legal decision-making were in dispute, all medical records relevant to...more
Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more
10/21/2019
/ Appeals ,
Best Interest Standard ,
Child Abuse ,
Child Custody ,
Decision-Making Process ,
Divorce ,
Domestic Violence ,
Family Law Courts ,
Joint Custody ,
Legal Custody ,
Rebuttable Presumptions
In Arizona, parents who are no longer married or not living together share parenting of their minor children. Sometimes they share equally and sometimes disproportionately with one of the parents possibly due to work...more
In Arizona, a large percentage of divorces proceed without either party hiring a lawyer. As Arizona is a no-fault divorce state, couples do not need a specific reason to file for divorce – it is sufficient that the parties...more
On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more
A recent Arizona Court of Appeals Division Two case - Jorgenson and Giannecchini - addressed whether a wife was required to disclose her residential address to her former husband. The opinion is a memorandum decision...more
1/20/2017
/ Appeals ,
Child Custody ,
Confidential Information ,
Consent Decrees ,
Contempt ,
Disclosure ,
Divorce ,
Domestic Violence ,
Motion to Compel ,
Primary Residence ,
Sanctions
In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born...more
The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more
8/2/2016
/ Appeals ,
Attorney's Fees ,
Child Custody ,
Contempt ,
Dismissals ,
Divorce ,
International Litigation ,
Jurisdiction ,
Kidnapping ,
Mexico ,
Post-Judgment Enforcement Actions ,
UCCJEA ,
Unclean Hands
On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve...more
While there is no formal ‘presumption’ of equal parenting time, the policy of the State of Arizona is clear. The policy is to ensure “substantial, frequent, meaningful and continuing parenting time with both...more