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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...

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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...

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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....

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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...

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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...

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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...

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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...

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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...

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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...

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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...

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DIVORCE vs. LEGAL SEPARATION – WHAT’S THE DIFFERENCE?

Many clients will ask me “What is the difference between filing for divorce and filing for legal separation?” or “Will filing for legal separation put a stop to our community assets accumulating?” The general answer I give is that filing for divorce and filing for legal separation are fairly similar. However, there are a few distinct, and important, differences that clients need to know before making the decision on which route to take.   Similarities   Whether you file for divorce or for...

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Gray Divorce – How to Explain the Boom in Boomer-Divorce?

You’re 50-something, maybe even 60. You’re contemplating divorce and plagued by numerous dilemmas. You’re stuck in a marriage with no discernible future but you’re too frightened to venture out into the scary world of dating. Maybe you share too much history with your spouse and it’s almost impossible to think of yourself as being single. Perhaps you’re unsure whether or not you want to go from living off the income of two to relying on just your own income. These feelings are not unique to...

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DOMESTIC PARTNERSHIPS IN ARIZONA

I have recently been asked, by a number of people, whether Arizona recognizes Domestic Partnerships, and how it compares to marital rights. Domestic partnerships are recognized in Arizona, but only for limited purposes, such as where a patient in a hospital is unable to make or communicate healthcare treatment decisions. Arizona Revised Statutes §36-3231 provides that, in cases where the patient is unmarried, a domestic partner may be allowed to act as a surrogate. Certain cities in Arizona...

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SAME-SEX FAMILY LAW — WE CAN PROTECT YOUR INTERESTS

Our attorney, Gary Frank, has long been a staunch supporter of civil rights, including marital rights for the LGBT community. Now that same-sex marriage is finally a reality, it is important for gay and lesbian couples to understand their new rights, and how to protect themselves in the unfortunate event that a divorce or separation occurs.   We can help you preserve your property before a marriage takes place by preparing a Prenuptial Agreement. And we can protect you throughout the divorce...

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THE POWER OF EMPATHY

You see, there’s this thing called “Empathy.” And it’s a powerful force. When I don’t see eye-to-eye with someone, I try very hard to understand why that person feels the way he does, and why his reality is so different from mine. When I take that approach, I am usually able to comprehend the logic or at least catch a glimpse of where that person is coming from, even if I don’t agree with his or her reasoning or conclusions. Unfortunately, many people are unwilling or unable to see a problem...

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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