Equal Parenting Time Gets Another Boost from COA: Barron v. Barron

July 31, 2018

As of today, July 31, 2018, we have new pronouncements from the Arizona Court of Appeals about equal parenting time.   (Hint:  They’re in favor of it.)    The findings don’t bode well for those parents who oppose equal time sharing arrangements (in cases where there are no provable parenting deficits) on the basis that “the children […]

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Devices in Divorce: The Apps are Traps

July 6, 2018

Right now, if my partner threw me out of the house, I could make him crazy   I could turn on the speakers in three rooms of the house, delete everything he wants to record on TV, delete all his upcoming travel information, charge movies and special events to his account, turn the house alarm off […]

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Paul E Part II: Quasi-Judicial Immunity for Court-Appointed Professionals

July 2, 2018

In a recent post, I discussed the Court of Appeals’ April decision in Paul E. v. Courtney F. and how it affects what a trial court can do in making decisions for children when the parents can’t.  A third aspect of that case involved the court’s ability to grant quasi-judicial immunity to a court-appointed therapist […]

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Court’s Authority to Direct a Parent’s Decision-Making is Limited: Paul E. V. Courtney F.

April 11, 2018

Paul E. v. Courtney F., was decided by the Arizona Court of Appeals, Div. I, on April 3, 2018. This important Division 1 Court of Appeals case defines provisions of legal decision-making, both joint and sole, and severely restricts the trial court’s ability to make decisions for a child’s best interests. The three primary takeaway […]

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What is Child Support Supposed to Cover?

March 21, 2018

Lawyers are commonly asked what the child support paid from one parent to the other is supposed to cover?  If Mother pays child support, the children should bring all their clothes, shoes and underwear when they stay at her home, right?   If Mother is receiving child support, shouldn’t she have to pay for 100% of […]

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Legal Decision Making and Court’s Authority to Make School Choice is Clarified: Nicaise v. Sundaram

March 2, 2018

Jordan v. Rea regarding school choice can’t be relied on as authority that a superior court should be making school choice decisions when parents are unable to do this.    Nicaise v. Sundaram, (March 1, 2018, Arizona Court of Appeals, Div 1) explicitly states, finally, that “the court’s statutorily prescribed role is not to make decisions […]

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Cheat Sheet: What’s “domestic violence” under Arizona statutes? Engstrom v. McCarthy

February 21, 2018

In Engstrom v. McCarthy (January 9, 2018), the Arizona Court of Appeals reversed a trial court’s finding of domestic violence based on insufficient findings.    “It may well be that some of Father’s actions constituted domestic violence under the statute.  The court, however, relied on many acts that do not statutorily constitute domestic violence, and did […]

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Holidays and Divorce Guide for Coparents

November 29, 2017

Here’s a Holiday Guide for Coparents from www.childcustodyanalytics.com that could be helpful. Why not drop an email to your co-parent and tell him or her what you have planned for Christmas presents and holiday activities for the kids—even if you don’t expect the other parent to reciprocate?  Why not be the bigger person and offer […]

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Bobrow, Part I.

October 30, 2017

The Bobrow decision (Arizona Court of Appeals) partially answers a question I’ve often had when acting as a mediator and trying to settle dissolution cases.     When the parties are trying hard to settle a case after the dissolution has been pending for months (or longer), and if one party has been paying most […]

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Military Disability Benefits Can’t Be Considered in Spousal Maintenance Analysis

October 30, 2017

Arizona law establishes that “federal disability benefits awarded to the other spouse for service-connected disabilities . .  . ” cannot be considered by the court in a dissolution proceeding and request for spousal maintenance.”   ARS 25-530.  The specific federal disability benefits falling under this prohibition are 10 USC 1413a (CRSC, combat-related special compensation) and 38 […]

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