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SOCIAL MEDIA & CUSTODY – How To Traverse the Minefield
This is already an old story, but it bears repeating: How you use social media could determine whether you win, or lose, custody of your children. Today, we all use social media. It is how we stay connected to friends and family; how we network; and often, it is how we communicate our feelings and opinions. But here's a warning: Comments and photos posted on social media sites like Facebook, Twitter, Linkedin, Match.com, and Blogs are considered to be admissible evidence in a custody case,...
BABY VERONICA RULING – DID THE COURT TRULY CONSIDER THE BEST INTERESTS OF THE CHILD?
The Indian Child Welfare Act, enacted in the 1970's, was intended tThe Indian Child Welfare Act, enacted in the 1970s, was intended to protect Native American Children and their tribes. For decades, many Native American children were taken (some were literally stolen) from their parents and sent to anglo families for adoption. (According to CNN, at one point, 30% of children on reservations were taken from their parents.) The Indian Child Welfare Act was meant to correct this horrible...
EMBRACING CHANGE
"Change is constant. For some people, especially those who come from bigger companies, the constant change can be somewhat unsettling at first. We must all learn not only to not fear change, but to embrace it enthusiastically and, perhaps even more important, to encourage and drive it. We must always plan for and be prepared for constant change . . . Never accept or be too comfortable with the status quo, because the companies that get into trouble are historically the ones that aren't able to...
COURTS ARE BEGINNING TO RECOGNIZE THE CONTRIBUTION OF FATHERS
There was a time when fathers were typically given "visitation" with their children, and rarely received custody. But things are changing. Today, joint custody is becoming the norm. Courts are beginning to realize that, as mothers, fathers can be nurturers, and that children benefit from the contributions of both parents. But as the law evolves, we need to take care not to attempt to fit custody cases into a one-size-fits-all model. For instance, some states are considering a "cookie-cutter"...
IT’S NOT OVER ‘TIL IT’S OVER
It is not at all surprising that when one spouse files for a divorce, the other sometimes continues to hold out hope for a reconciliation, believing that the marriage is not irretrievably broken. But what may surprise you is that Arizona law gives that person an opportunity to make one last stab at fixing the relationship. Arizona Revised Statutes, Section 25-329 provides that the Court shall not hold a trial, nor finalize a divorce, within sixty (60) days from the date that the divorce papers...
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...
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