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Custody and Visitation

Monday, August 20, 2018

When a Divorce Proceeding Stalls

Q: Can the court dismiss my divorce case for delay in prosecution?

There's a lot to consider when getting divorced in Arizona. In addition to deciding how to split up property or whether one spouse will pay alimony/spousal support to the other, divorcing couples with children have to work out multiple other issues.


Read more . . .


Monday, June 11, 2018

The Consequences of Child Endangerment on Custody in Arizona

Q: Can one incident of child endangerment impact child custody?

In what could easily have been another tragic hot-car baby death, a “beet red” 18-month-old infant covered with two blankets in a 112° vehicle was rescued in just time according to authorities. But the father who reportedly abandoned her for about 20 minutes while shopping is in legal hot water. His claim that he was only shopping for 10 minutes conflicts with store’s video security system, which allegedly clocked the trip at 18 minutes.

The father who reportedly has


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Tuesday, February 20, 2018

Redefining the Role of Child Protective Services in Arizona

Q: When can Arizona case workers remove a child from their home?

One of the most contentious issues that Phoenix family law attorneys encounter involves child custody and visitation.


Read more . . .


Friday, February 16, 2018

Parental Abduction to Avoid Shared Custody

Q: Can I just flee an abusive ex-spouse with my child to avoid sharing custody?

Arizona family law attorneys know that most parents would do just about anything for their children or grandchildren. Sometimes, even if it was illegal.


Read more . . .


Friday, September 22, 2017

Winning a Custody Battle


Q: What happens if I have to fight for custody of my child?

Sometimes, when people separate or divorce in Phoenix, they are able to amicably work through the necessary steps of dividing their assets, parting ways and moving on with their lives. But when a couple shares children, the break is not as “clean” because the couple will remain tied to each other on some level by co-parenting those children.
Read more . . .


Thursday, April 20, 2017

Custody Issues in Drug-Exposed Baby Cases


Q: Does the protocol for the custody of children born exposed to drugs keep kids safe?

When couples with children divorce or otherwise dissolve their relationship, the court will consider what is in the best interest of the child when determining how much Read more . . .


Thursday, March 16, 2017

Removing Children from Their Parents in Arizona


Q: What is the policy for removing children from their parents in Arizona?

The one phrase typically associated with the many complicated layers of a divorce proceeding is “What is in the best interest of the child?”

This question is at the very forefront of child custody and visitation negotiations and determinations. Under Arizona law, custody is referred to as "legal decision-making” and visitation is known as "Read more . . .


Tuesday, January 31, 2017

Arizona Tribe May Trump the “Best Interest of the Child” in Child Custody Dispute


Q: Does the 1978 federal law known as the Indian Child Welfare Act take precedence over state law and the “best interest of the child” standard of determining custody?

In the vast majority of child custody cases, Arizona family law attorneys know that the most important factor the state courts will consider is what is in the so-called “best interest of the children”. Whenever possible, Arizona favors involvement of both parents in both child custody and visitation, which are referred to as “legal decision-making” and “parenting time”, respectively.

Sometimes one biological parent has custody and the other is not in the picture. If the custodial parent remarries and the new stepparent is raising the child like their own, they might want to take it to the next level by pursuing a


Read more . . .


Monday, October 31, 2016

Arizona’s Shared Parenting Time & Legal Decision-Making: A Model for Other States


Q: Is Arizona’s shared parenting policy a “model worth copying” for other states?

Nationally, many states are moving toward a more egalitarian concept of “shared parenting” after divorce--which is a step away from the more stringent, less balanced child custody and visitation processes that have existed for decades. Historically, courts have often granted custody to one parent, relegating the non-custodial parent to infrequent visitation, resulting in significantly less time and involvement in the child’s life.


Read more . . .


Wednesday, July 13, 2016

The Rights of Grandparents


Do grandparents have visitation and other rights in Arizona?   

Given the changes in the nature of contemporary families, grandparents often play and crucial role in raising and caring for their grandchildren. As such, questions over visitation and custody are becoming more common.  In Arizona, the state created a legal right to visitation for grandparents back in 1983, and the law also recognizes their custody and adoption rights.

Grandparents' Visitation Rights

 If the court determines it is in the best interest of the child, grandparents (and great grandparents) are allowed to petition for visitation rights. The court will consider visitation rights if (i) the child's parents have been divorced for at least 3 months, (ii) one of the parents has been deceased or missing for at last months, or (iii) the parents were never married.


Read more . . .


Friday, April 1, 2016

The Trouble with Arizona's Child-Welfare System


What is being done to address the problems of the child-welfare system in Arizona?

Arizona's child-welfare system has been plagued by longstanding problems centered on placing children in safe and permanent homes. The Department of Child Safety (DCS) was created two years ago to provide prevention, intervention and treatment services to support child safety. Now, the problems remain: there are more children under the state's care, many of whom have been trapped in the system for more than two years and are increasingly being placed in group homes.

Some experts argue that more money should be put into programs that provide services to families and are aimed at preventing children from being placed into foster care. These preventive services include parenting classes, domestic violence training, and substance abuse counseling.


Read more . . .


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