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I WANT A DIVORCE — NOW WHAT?
Going through a divorce can be one of the most difficult times in a person’s life. Making the decision to dissolve your marriage (file for divorce) can be emotionally taxing, especially if there are children involved. The end of a marriage can also be a confusing situation. Your divorce can include asset protection, child custody, and support issues, spousal maintenance, domestic violence, or drug use/abuse. The attorneys at Gary J. Frank P.C. can make it easier for you and your children to go...
HOW DOES THE COURT DETERMINE SPOUSAL MAINTENANCE?
Spousal Maintenance, known in many other states as “Alimony,” is one of the most ambiguous and difficult areas in Arizona Family Law. Determining whether to award spousal support during a divorce is a matter of judicial discretion. The award of spousal maintenance will be modifiable in the future (upon a showing of a substantial and continuing change of circumstances) unless the parties agree that it shall be non-modifiable and such a provision is included in the final order In making her/his...
NEW CASE LIMITS JUDGE’S ABILITY TO MAKE DECISIONS FOR PARENTS
It came on like a silent earthquake. You didn’t see it coming. You never felt it when it hit. But now the foundation of the place where you live has shifted. The cracks in the walls are becoming visible. And nothing will ever be the same. That is the effect of the 2018 Arizona appellate court case of NICAISE v. SUNDARAM, Before Nicaise, the Family Court was the final arbiter of disputes over matters like education, medical, religious, or other decisions that parents make. If the parties...
Family Law Attorney Speaks Out for Children
As a Family Law Attorney and a children’s advocate for 37 years, it angers me that our own government has taken more than three thousand children from their parents at the border. Some have been shipped to locations across the country, while their parents are deported. Separating immigrant children from their parents is cruel and inhumane. It’s a matter of basic human rights. Just imagine the horror of it happening to you and your kids. Today, little 3 and 4-year-old boys and girls are being...
Working Dad’s Journal – Thoughts on Father’s Day
May 31, 1985 To My Little Girl (6 months old): Since you were born, I have undergone a gradual transformation. What has changed is my entire definition of self – the way I view myself. The change is imperceptible to others. I look, dress, and act the same as I always have, but I feel different. I had a beautiful childhood. I felt safe in the knowledge that my parents loved me. This was, for me, a protective shield. My memories of those days are vivid and happy. I can still remember jumping in...
ARIZONA CUSTODY LAW UPDATE – IS ASSUMPTION OF EQUAL PARENTING TIME AND DECISION-MAKING AUTHORITY UNFAIR TO CHILDREN?
In 2012 I wrote an article on our law firm’s blog entitled “Say Goodbye to Custody,”, in which I discussed the brand new, and highly debated, revisions to the Arizona Family Law statutes. These laws, which guide the Court in making custody decisions involving children, have given rise to an assumption of equal parenting time and decision-making authority that has become the starting point for the Court's analysis in every contested custody case. In my opinion, this approach hurts children more...
WORKING DAD’S JOURNAL – Letter to my six-month old daughter, 1985
This morning your mother had a meeting, so I brought you to my office. I packed your diaper bag, dressed you, filled the car with the necessary items, and off we went. You looked puzzled but I smiled and assured you that this would be fun. We would get along just fine without Mom's help. We arrived at the office and I had Anne, my legal secretary and a great fan of yours, hold you while I ran back down to the car. This was going to be a breeze. I swung the diaper bag around my back, hoisted...
PARENTAL ALIENATION – IS IT REAL? DOES IT REALLY MATTER?
There has long been a debate among experts over whether Parental Alienation is really a “syndrome.” To which I respond: Does it matter? In our Family Law practice, we see Parental Alienation all the time. It occurs frequently in divorce and custody (now called Legal Decision-Making and Parenting Time) cases. Whenever a parent talks badly about the other parent to the children, or in front of the children, that’s an act of parental alienation. Why? Because children look up to their parents....
GRANDPARENTS’ RIGHTS IN ARIZONA
"Do we have Grandparent Rights in Arizona? Can we get a court order for Grandparent Visitation or Grandparent Custody?" These are questions we hear often from our clients. And the answer is: "Yes." There has never been a time when grandparents were more important to the well-being of children than today. Grandparents have always been intimately involved in the lives of their grandchildren, and today they are raising grandchildren in greater numbers than ever before. There are many...
COHABITATION: IS LIVING TOGETHER OUTSIDE OF MARRIAGE PUTTING YOU IN ECONOMIC DANGER?
I have no moral objection to people living together outside of marriage. Heck, I grew up in the ’60s and ’70s. We practically invented the concept of “Cohabitation.” As someone who has practiced Family Law for decades, I can tell you that a piece of paper does not ensure a lifelong commitment. And countless couples have a loving, lifelong bond even though they have chosen never to marry. The problem is that, after all these years, our lawmakers still haven’t gotten the message. And they fail...
DOMESTIC VIOLENCE AFFECTS CUSTODY UNDER ARIZONA LAW
Nearly 20 people per minute are physically abused by an intimate partner in the United States, according to the National Coalition Against Domestic Violence (NCADV).[1]This equates to more than 10 million victims per year, both women and men. Domestic violence harms individuals of all ages in physical, emotional, and even economic ways, but what many people don’t know is that it also affects the custody of children. Victims of domestic violence are protected by Arizona’s laws, which provide...
ARIZONA’S ABORTION CONTROVERSY, CIRCA 1962
In 1962, eleven years before the court decided the landmark Rowe v. Wade case, Arizona was at the center of a national firestorm regarding the issue of abortion. The controversy raged around Sherri Finkbine, a local television host on the kiddie program, “Romper Room.” I was a young boy at the time and, like many other children, I had grown up in Phoenix watching the show. I still remember Miss Sherri, with her magic mirror, her pretty smile, and her soothing voice. The problem began when...
CO-PARENTING vs. PARALLEL PARENTING – WHICH IS BEST FOR YOU?
In every divorce involving legal decision-making and parenting time issues, parents must strive to keep the needs of the children as their #1 priority. Children benefit most when they have relationships with both parents and tend to adjust better to divorce when: They have healthy and happy relationships with both of their parents; Parents don’t argue in the presence of their children; Parents don’t place their children in the middle of disputes; and Both parents are responsive to the needs...
How Spousal Maintenance is Determined in Arizona
Spousal Maintenance, known in many other states as "Alimony," is the grayest of gray areas in Arizona Family Law. Determining whether to award spousal support during a divorce is a matter of judicial discretion. This means that it is up to the judge to decide whether an award of spousal maintenance would be appropriate, based on an examination of the facts of your particular case. The amount and length of the spousal maintenance award are also determined by the judge. An award of spousal...
LEGAL CONSULTATIONS — WHAT TO EXPECT FROM AN INITIAL CONFERENCE AT OUR OFFICE
WHEN YOU COME IN for an initial conference at the Family Law Firm of Gary J. Frank P.C., what you get is a real legal consultation. Not a short sales pitch, like you, get from some other lawyers. In our first meeting, we will discuss your matter thoroughly and give you a solid understanding of your legal rights and how the court system works – and at the end of the meeting, we'll give you a "game-plan," so that you will know what you can do to reach your goals. Unlike most firms, our attorneys...
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