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Jurisdiction is Necessary to Petition for Visitation

Posted on : March 20, 2017, By:  Christopher Hildebrand
Jurisdiction is Necessary to Petition for Visitation

Jurisdiction is Necessary to Petition for Visitation The Arizona Court of Appeals-Division One rendered an unpublished decision in the case of Bourgo v. Bourgo a grandparent visitation petition that had previously been denied in an Arizona family court. Since the case is unpublished, you may not be allowed to cite this case as authority in […]

Posted in : Grandparents Rights in Arizona , Leave a comment

Domestic Violence and Parenting Time in Arizona

Posted on : February 10, 2017, By:  Christopher Hildebrand
Domestic Violence and Parenting Time in Arizona

Domestic Violence and Parenting Time in Arizona A family court must decide whether a parent presents a danger to a child. If so, it must protect the child by limiting that parent to supervised parenting time. A court that grants such a parent unsupervised parenting time abuses its discretion. In Campbell v. Stephens– 1CA-CV 15-0830 FC, […]

Posted in : Arizona Child Custody Laws , Leave a comment

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 property settlement agreements and parenting plans. The custodial parent may waive child support. 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 support in […]

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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 a real party in interest? Should the appointed attorney […]

Posted in : Arizona Child Custody Laws , Leave a comment

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 […]

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Notice of Child Support Hearing in Arizona

Posted on : January 5, 2017, By:  Christopher Hildebrand
Notice of Child Support Hearing in Arizona

Notice of Child Support Hearing A parent is entitled to receive adequate notice before a hearing on modification of child support. Failure to provide sufficient notice violates a parent’s due process rights. What constitutes adequate notice? How is notice impacted by a court’s suggestion that it will not consider a modification of child support? In […]

Posted in : Arizona Child Support Laws , Leave a comment

Legal Standard for Termination of Parental Rights

Posted on : January 5, 2017, By:  Christopher Hildebrand
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 […]

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Change in Parenting Time Due to Children Changing Schools

Posted on : January 4, 2017, By:  Christopher Hildebrand
Change in Parenting Time Due to Children Changing Schools

Change in Parenting Time Due to Children Changing Schools Parents have fundamental and protected rights in the care and custody of their children. This includes the right to parenting time. Once a parenting plan is in place, the court must consider a range of factors before amending it. This includes the impact the modification will […]

Posted in : Arizona Child Custody Laws , Leave a comment

Jurisdiction Over a Paternity Action When the Father’s Name is Not on the Birth Certificate

Posted on : December 27, 2016, By:  Christopher Hildebrand
Jurisdiction Over a Paternity Action When the Fathers Name is Not on the Birth Certificate

Jurisdiction Over a Paternity Action When the Father’s Name is Not on the Birth Certificate When a married woman has a child in Arizona, her husband is presumed to be the father. The situation gets complicated if another man claims paternity. Can he file a petition claiming paternity? Must the child be a party with […]

Posted in : Arizona Paternity Laws , Leave a comment

Use of the UCCJEA in Dependency Cases in Arizona

Posted on : September 12, 2016, By:  Christopher Hildebrand
Use of the UCCJEA in Dependency Cases in Arizona

Use of the UCCJEA in Dependency Cases in Arizona Under Arizona law, a dependent child is one whose parents are not taking appropriate care of him/her. It includes a child who is destitute or not provided with the necessities of life. It also includes a child whose home is unfit. This could be because of […]

Posted in : Arizona Child Custody Laws , Leave a comment