Top 3 Misused Parenting Plan Provisions

by Annette Burns on May 13, 2013

Which provisions of a parenting plan are most likely to be used as a weapon in a high conflict case? Here are my nominees. Number 3.    You need my permission to take the children out of state or out of the country. Many, many parenting plans still include a provision that one parent can’t travel out [...]

Conservation of Energy in Conversations – Seth Godin

by Annette Burns on April 16, 2013

Seth Godin’s post today can be easily applied to conversations and emails between parents: “If you escalate (cut off in traffic, angry at the gate agent, frustrated at your boss), you’ve just added (negative) energy to a conversation. If you escalate (high-pitched enthusiasm, a hug, encouraging words), you’ve just added (positive) energy to a conversation. Once [...]

Use and Misuse of the Parenting Coordinator – Part II

by Annette Burns on March 25, 2013

This is a fresh look at a post from March, 2011.    Another refreshed post, Part I of this title, was posted on January 20, 2013. Once a parenting coordinator is assigned and you think there are issues to be addressed by the PC, what information does the PC need to get started?  What information [...]

Rule 10, Part 3

by Annette Burns on March 18, 2013

This is the third of three posts about Rule 10, Arizona Rules of Family Law Procedure.   Rule 10 covers the use of either a best interests attorney or an attorney for the child in a family court proceeding.  What’s the difference between a best interests attorney and an attorney for the child?   That [...]

Rule 10, Part 2

March 16, 2013

This post is the second of three about Rule 10, Arizona Rules of Family Law Procedure.    Rule 10 deals with the use of a best interests attorney, attorney for a child, and a court-appointed advisor (CAA) in family court proceedings. How each role participates in courtroom proceedings and litigation is described in Rule 10E: E. [...]

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Rule 10, ARFLP, Revisited

March 13, 2013

Even with no recent cases or guidance from the courts or rules committees on Rule 10, revisiting this Rule seems appropriate.   Rule 10 is a primer for three main classes of representation in custody cases.   Two of these roles are more traditional attorney representation and those two roles may only be filled by [...]

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Co-Parenting with the Bad Guy

March 8, 2013

“He’s horrible to me; why should I be nice?” “I have to respond to her accusations, because if I don’t, everyone will assume they’re true.” “She just gets me so worked up. When she starts screaming in front of the kids, I get so mad I can’t help myself.” Lots of sources try to offer [...]

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Use and Misuse of the Parenting Coordinator – Part I

January 20, 2013

This is a slightly updated version of a post from October, 2011.   Most of the information about parenting coordination remains the same but it never hurts to refresh. Parenting Coordinators have different training, backgrounds, and styles. If you are involved in the choice of the PC (as opposed to simply having the judge choose [...]

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Social Media and Your Divorce

January 19, 2013

Social media can be a weapon in a divorce or contested parenting time proceeding. Here’s some information about using social media if you’re involved in a court case for divorce or parenting time. Social media means a wide variety of things—Facebook, Twitter, LinkedIn, Vimeo, blogging, Tumblr, Pinterest, etc. etc. For ease, I refer mostly to [...]

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Child Tax Dependency Exemptions-You Almost Can’t Win With the IRS

January 4, 2013

We’ve seen the standard language in an Arizona Decree of Dissolution and/ or Property Settlement Agreement: “[Husband/ Wife] is awarded the tax dependency exemption for the minor child so long as [his/her] child support obligation is current not later than December 31 for the year in which the exemption is to be claimed. [Husband/ Wife] [...]

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