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9th Circuit Court of Appeals Strikes Down California’s Gay Marriage Ban
The argument over whether same-sex couples should be allowed to marry is raging. Seven states have now approved gay marriage, and the President of the United States has taken a stand in favor of the right of same-sex couples to marry. On the other hand, North Carolina passed a law banning same-sex marriage, and other states are attempting to do the same. In California, voters passed Proposition 8, limiting marriage to the union of one man and one woman. However, the 9th Circuit Court of...
THE ROLE OF FATHERS IS CHANGING
I have good news and bad news. Here's the bad news, and it is truly troubling: According to a new Pew Research Center analysis of the National Survey of Family Growth (NSFG), children in the U.S. living apart from their fathers have grown from 11% in 1960 to 27% as of 2010. Among fathers who do not have a high school degree, 40% live apart from their children. This compares with only 7% of fathers who have a college diploma. Twenty-two percent of fathers who live apart from their children say...
WE’RE THE PATERNITY / CUSTODY EXPERTS
According to a study by the National Center for Health Statistics the number of firstborn children belonging to unmarried, cohabiting women has increased from 12% to 22% between 2002 and 2010. The percentage of cohabiting fathers of firstborns rose from 18 to 25% during that time frame. Having children out of wedlock is becoming the norm. It is no longer the taboo it once was, which is a good thing since a child should not be scorned for something over which he/she had no control. On the...
THE TYPICAL ARIZONA FAMILY LAW TRIAL LASTS LESS THAN ONE DAY
Here’s something I’ll bet you don’t know: While a trial in a criminal or a personal injury case, or even a contract dispute, may last days or weeks, or even months, litigants in a typical Arizona Family Law Trial are rarely allowed more than one day to present their entire case. Family Law trials are often high-conflict matters involving multiple complicated issues such as divorce, contested custody, parenting time, child support, spousal support, and division of property and debts. Sometimes...
OUR MISSION STATEMENT FOR 2012
Here is our mission statement for the new year: Gary Frank is a Family Law Attorney who cares about his clients. Whether they are going through a divorce or dealing with contested custody or other family law issues, we understand that our clients are in the midst of a difficult period in their lives. By accepting their case, we have made a commitment to be there for our clients; to help them, to support them, and to fight for them. We will apply the legal knowledge, litigation skills, and...
HOLIDAY SURVIVAL GUIDE FOR DIVORCED PARENTS
It takes courage. Making it through the holidays can be stressful for any family. But for newly divorced couples or those who are in the midst of a divorce, it can feel almost traumatic. The thought of not having your children throughout Christmas, or of being alone on the holidays, can cause feelings of anxiety and despair. The disruption of what has become a family tradition can cause sadness. Worries about how the children will fare while in the care of the other parent (especially when...
A MOVIE STARLET’S GREATEST SIN
Judy Lewis died of cancer last week, and the secret came spilling out. She was the daughter of movie star Loretta Young and acting legend Clark Gable. That was the secret, one which Loretta Young kept from the world -- and even from her own daughter. In the 1930s Loretta Young and Clark Gable starred together in the movie “Call of the Wild.” During the filming of that movie, the two had what would have been considered a lurid affair. Gable was married. Young was a single woman and a devout...
HOW DOES DIVORCE AFFECT SOCIAL SECURITY BENEFITS?
We work throughout our entire adult lives and, during that time, most of us are required to pay into the Social Security System. The payoff comes when we hit retirement age and are able to start receiving Social Security benefits. But what happens when a person gets divorced? "How will the divorce affect my Social Security?" "Do I lose half of my benefits?" "Am I entitled to my husband's social security?" These are questions I frequently hear from my clients. The answer is that you do not...
CO-PARENTING IS A TOUGH CHALLENGE, BUT IT’S WORTH THE EFFORT
Co-parenting is often the most difficult challenge that parents face following a divorce. Poor co-parenting can not only be a source of extreme and ongoing stress for the parents but, worse yet, it can be emotionally devastating to the children. It can lead to repeated trips back to the courthouse, and many thousands of dollars in legal fees. But it doesn't have to be that way. Disagreements over discipline, supervision, parental involvement, or parenting styles are factors that contribute to...
FAILING TO PROTECT CHILDREN FROM ABUSE IS WRONG
The news came this week that Penn State coach Joe Paterno, the winningest coach in college football, has been fired for failing to call the police when he learned that one of his assistant coaches had molested a young boy. The news was shocking. Paterno, who is known not only for winning but also for the high percentage of his players who graduate, is among the most respected coaches in the history of football at any level. After he was fired, football experts and fans across the country came...
GRANDPARENTS HAVE A LEGAL RIGHT TO VISITATION UNDER ARIZONA LAW
The United States Supreme Court has held that parents have a fundamental constitutional right to control child-rearing. Under Arizona law, a fit parent is presumed to be able to make decisions that are in his/her child's best interests, and the courts will stay out of the decision-making unless it is clear that the parents' decisions could be damaging to the child. However, Arizona Revised Statutes, Section 25--409 gives a judge the right to intervene and order visitation between a child and...
“DO’S” AND “DON’TS” FOR DIVORCING PARENTS
I think most divorcing parents would agree that the children are their number one priority. But, in the midst of a marital break-up – when it feels like your life is coming apart at the seams – keeping the children out of the middle of your dispute can be a real challenge. Your anger toward your partner may be justified. Your fear of the future may be real. But how do you keep those emotions from seeping into the minds of your children and coloring the way they view the world? Children whose...
A ONE-TIME CONSULTATION WITH AN ATTORNEY CAN REALLY HELP
Filing for divorce on your own can be overwhelming. Wading through the court-approved forms may be confusing and is often an exercise in futility. What are my legal rights? What should I ask for? How does the court process work? How do I know I'm doing this correctly? There is so much at stake: Division of property and debts, custody, parenting time, child support, spousal maintenance. Handling any one of these issues improperly could mean the difference between a future of relative comfort or...
WHY FEAR & ANGER ARE YOUR WORST ENEMY IN FAMILY COURT
In all our years of practicing Family Law, we have found that the predominant and most destructive emotion among parties to a divorce or custody case is FEAR. Fear is a primal human emotion. It comes into play when we feel threatened – and when a marriage is crumbling and people are considering divorce, there is plenty to feel threatened about: “How am I going to survive without my spouse’s income? Do I have to give her half of my money and property?” “Will he be able to take proper care of...
NEW BILL WOULD HURT SPOUSES OF SERVICEMEN & WOMEN
There's a new bill floating around the legislature - SB 1373 - which will significantly change Community Property Law in Arizona by eliminating all military assets and benefits from community property division in divorce cases. We all want to protect the interests of the courageous men and women in our armed forces, many of whom are sent overseas to fight for our freedom. But we shouldn’t ignore the fact that their sacrifice is often matched by a spouse who remains at home to raise the...
Ratings and Reviews
Client Reviews
Very honest
November 2009 I retained Mr. Frank almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…
– Judy K