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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...
SINGLE MOTHERS DESERVE PRAISE
Today, traditional families constitute barely one in five households in the United States, according to census statistics. And nearly 40% of all births are to unmarried women. Yet a recent study by the Pew Research Center for Social and Demographic Trends shows most Americans still view single mothers as detrimental to society. The poll asked 2,700 people about their attitudes regarding modern trends that affect the traditional family: This included people’s attitudes about unmarried...
YOU ARE THE ADULTS – KEEP THE KIDS OUT OF YOUR DISPUTE … PLEASE!
Mister Rogers (talking to a young boy whose parents are going through a divorce): “I think one of the toughest things for children is for their parents not to be getting along, and so divorce feels like it’s just ripping a piece of cloth apart, and for children to try to understand that is sometimes way beyond their capacities. So you really need somebody to help you know that both your mother and your dad love you. It wasn’t your fault that your mom and dad don’t live together, and it won’t...
PARENTING CLASSES ARE FUN AND HELPFUL
I know a woman who has a degree in Early Childhood Education & Child Development. She graduated from college with high honors. Yet, she attended parenting classes throughout the entire time she was raising her children - classes on parenting toddlers; young children; "tweens"; and teenagers. She could have taught the class. Why did she join a parenting group and continue to classes go all those years? The reason – because it made her a better parent. WHAT CAN A PARENTING GROUP OFFER?...
HOW YOU DRESS FOR COURT DOES MATTER
When dealing with a family matter issue, you do not have to go at it alone. Give us a call and we can discuss the entire case during a free attorney consultation. When dealing with a family matter issue, you do not have to go at it alone. Schedule your free attorney consultation...
DEALING WITH DEADBEAT PARENTS
What do you do when the non-custodial parent owns his own business and is chronically late in paying child support? If he had a job at a company, it would be easy -- the Court would enter an Order of Assignment, and the support monies would be paid by his employer to the Court Clearinghouse and deducted from his paycheck. But when the person owns his own business and controls the purse strings, how can the Court make sure he pays his support? Here's one way: Arizona Revised Statutes, Section...
GRANDPARENTS’ RIGHTS – Are You Being Deprived of Visitation With Your Grandchildren?
There is nothing more heartbreaking than a grandparent who is not allowed to have contact with the grandchildren, especially during the holidays. The relationship between a child and his or her grandparent is a special kind of bond, one that cannot be replaced. For a grandparent to be unfairly “cut out of the picture” can be devastating for both the grandparent and the child. Arizona law provides that grandparents do have a legal right to visitation with their grandchildren under certain...
WITH AN ATTORNEY, YOU HAVE AN ADVANTAGE IN FAMILY COURT — If You Can’t Afford One, There Are Options
Imagine walking up to bat in a baseball game – and you don’t know the rules. You don’t know the difference between a “ball” and a “strike.” You don’t know that three strikes are an “out,” or that three outs end the “inning.” You are aware that you’re supposed to swing at the pitch, but once you hit the ball, you don’t know which way to run. No matter how hard you try or how athletic you are, the fact that you don’t know the rules of the game puts you at a huge disadvantage. If you decide to...
ATTORNEY FEE AWARDS – Restoring the Balance of Power
If you are involved in a divorce and/or custody case and are afraid that you don’t have the financial resources to stand up and fight for your rights, here’s the good news -- Attorney Fee Awards, under Arizona law, is the great equalizer. It is not uncommon, in a divorce or custody case, for one party to have a much higher earning capacity than the other party. Sometimes the party with the greater earning ability will use that power as a hammer, bullying the poorer party with threats or...
Exciting Things Happening In Education
Squaw Peak Traditional Academy, in the Creighton School District, is a superstar school in the making. Its rebirth started with a local attorney, Renee Sandler Shamblin, and a very enthusiastic group of parents. They had a vision of a stellar neighborhood traditional school in the heart of Phoenix with a Spanish Immersion Program as its centerpiece -- and they made it happen. This school, located in the Biltmore area of Phoenix, near 32nd St. and Camelback Rd., has everything: a great...
RELOCATION / MOVE-AWAY CASES – The Most Difficult Matter In Family Court
Relocation and move-away cases are the most emotionally difficult matters in Family Court today. There’s so much at stake. It pits a parent’s right to improve his or her quality of life against the other parent’s right to maintain frequent and meaningful contact with the children. When a written agreement, or court order, for custody of children is in place, then Arizona Revised Statutes (A.R.S.) Section 25-408 is controlling. Failure to abide by the requirements of the statute could...
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