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Excluding Testimony in an Arizona Child Custody Case

Posted on : January 11, 2017
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 […]
Posted in : Hildebrand Law

Modification of Settlement Agreement in Arizona

Posted on : January 11, 2017
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 […]
Posted in : Hildebrand Law

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

Posted on : January 11, 2017
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 […]
Posted in : Hildebrand Law

Legal Standard for Termination of Parental Rights

Posted on : January 5, 2017
Legal Standard for Termination of Parental Rights
Legal Standard for Termination of Parental Rights New York law allowed the state to terminate the rights of parents if the court found that a child was “permanently neglected.” The law required that a “fair preponderance of the evidence” support that finding. Does the Due Process Clause require a higher standard than preponderance of the […]
Posted in : Hildebrand Law

False Accusations of Child Abuse in Arizona

Posted on : January 4, 2017
False Accusations of Child Abuse in Arizona
Ramsey v. Yavapai Family Advocacy Ctr.: Duty to Report Abuse In Arizona, therapists, physicians and other health care personnel are required to report child abuse. Can they be sued for doing so if charges are later dismissed? In Ramsey v. Yavapai Family Advocacy Ctr., 225 Ariz. 132, 235 P.3d 285, 291 (App. 2010), the Arizona […]
Posted in : Hildebrand Law