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Time Limit on Challenging an Acknowledgment of Paternity in Arizona

Posted on : January 24, 2017, By:  Christopher Hildebrand
Time Limit on Challenging an Acknowledgment of Paternity in Arizona

Time Limit on Challenging an Acknowledgment of Paternity in Arizona When a child is born to an unmarried mother, she can establish paternity by means of an acknowledgement of paternity. This document, properly signed and filed, is presumed valid, but can be rescinded or challenged. Both rescission and challenge are subject to legal time limits. Can […]

Posted in : Arizona Paternity Laws , Leave a comment

Modification of Child Support Agreement in Arizona

Posted on : January 12, 2017, By:  Christopher Hildebrand
Modification of Child Support Agreement in Arizona

Modification of Child Support Agreement in Arizona A custodial parent can waive her claim to past due child support. However, the waiver must be proved by clear and compelling evidence. In Ray v. Mangum, 788 P.2d 62 (1989) the Arizona Supreme Court discussed the type of evidence that supports a finding of waiver. Facts and […]

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Establishing Extrinsic Fraud in Arizona

Posted on : January 12, 2017, By:  Christopher Hildebrand
Establishing Extrinsic Fraud in Arizona

Establishing Extrinsic Fraud in Arizona Generally, a divorce decree is conclusive and final. However, a party can attack a final divorce decree or its terms if they establish extrinsic fraud. What is extrinsic fraud? What elements are necessary to state a case? In Bates v. Bates, 400 P.2d 593 (1965) the Arizona Court of Appeals […]

Posted in : Arizona Divorce Laws , Leave a comment

Excluding Testimony in an Arizona Child Custody Case

Posted on : January 11, 2017, By:  Christopher Hildebrand
Excluding Testimony in an Arizona Child Custody Case

Excluding Testimony in an Arizona Child Custody Case Arizona courts have authority to impose contempt sanctions when parties disobey the court’s rulings. Those sanctions must be drawn as narrowly as possible, especially where a third party’s interests are involved. In a custody action, the best interests of the child are paramount. Is it appropriate for […]

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Modification of Settlement Agreement in Arizona

Posted on : January 11, 2017, By:  Christopher Hildebrand
Modification of Settlement Agreement in Arizona

Modification of Settlement Agreement in Arizona Couples divorcing in Arizona can draw up their own property settlement agreements and parenting plans. The custodial parent may waive child support. Generally the courts approve these plans, but they are not always obligated to enforce them. Must a court enforce a penalty clause in an agreement waiving back child […]

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Power of the Court to Appoint a Guardian for a Child in Arizona

Posted on : January 11, 2017, By:  Christopher Hildebrand
Power of the Court to Appoint a Guardian for a Child in Arizona

Power of the Court to Appoint a Guardian for a Child in Arizona A guardian ad litem is an attorney appointed to represent those unable to represent themselves, like minor children. Generally, a trial court has the inherent power to appoint a guardian ad litem for a child witness. However, the appointment can conflict with […]

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Level of Corroboration Required in a Fault Divorce

Posted on : January 11, 2017, By:  Christopher Hildebrand
Level of Corroboration Required in a Fault Divorce

Level of Corroboration Required in a Fault Divorce Today, Arizona is a no fault divorce state. However, under earlier law, couples could only divorce by proving fault. And if a spouse sought divorce for fault, it could not be based solely on her testimony. The testimony had to be corroborated. In Kennedy v. Kennedy, 93 Ariz. […]

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Damages Caused by a Community Property Vehicle

Posted on : January 11, 2017, By:  Christopher Hildebrand
Damages Caused by a Community Property Vehicle

Damages Caused by a Community Property Vehicle Generally, property a spouse brings to a marriage remains his or her separate property. However, the spouses can agree to convert the property to community property. It can also be converted to community property by gift. In Sellers v. Allstate Ins. Co., 555 P.2d 1113 (1976) the Arizona […]

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A Minor’s Right to Be Heard in a Child Custody Case

Posted on : January 10, 2017, By:  Christopher Hildebrand
A Minor’s Right to Be Heard in a Child Custody Case

A Minor’s Right to Be Heard in Child Custody When an attorney is appointed for a child in a parental rights case, the attorney represents the child’s interests before the family court. If the matter goes up on special action, should the child be joined as real party in interest? Should the appointed attorney represent […]

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Suitable Notice for a Child Custody Hearing

Posted on : January 9, 2017, By:  Christopher Hildebrand
Suitable Notice for a Child Custody Hearing

Suitable Notice for a Child Custody Hearing A parent is entitled to receive adequate notice before a hearing on modification of child custody. Failure to provide sufficient notice violates due process rights. What constitutes adequate notice? Is one day notice sufficient to prepare a defense to a petition for modification of custody in Arizona? In […]

Posted in : Arizona Child Custody Laws , Leave a comment