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What To Include In A Great Parenting Plan
A parenting plan is a document that states when the children will be with each parent (parenting time) and how major decisions will be made (legal decision-making). Drafting a parenting plan is a significant task, as it outlines how both parents will handle issues and support the upbringing of the children after divorce or separation. A well-written, detailed parenting plan can make co-parenting easier because it acts as a point of reference for how to deal with various parenting situations as...
ARIZONA’S ABORTION CONTROVERSY – CIRCA 1962
This past week the Unites States Supreme Court overturned the landmark case of Rowe v. Wade, giving the individual states power to outlaw and/or criminalize abortion. Twenty-six states have already passed laws restricting access to abortion or making it illegal. Arizona is one of them. In 1962 -- eleven years before Rowe v. Wade - Arizona was at the center of a national firestorm regarding the issue of abortion. The controversy raged around Sherri Finkbine, a local Arizona television host on...
HOW NEW CHANGES TO THE iPHONE COULD AFFECT YOUR FAMILY COURT CASE
Beginning in the Fall, 2022 Apple will be making changes on phones that could affect divorce and custody cases in Family Courts all over the country in a not-so-good way. The new IOS 16 operating system will allow people to edit, and even unsend, their text messages within fifteen minutes from the time they were originally sent. That will give cell phone users an option they never had before, but from a Family Law perspective it could result in critical evidence being altered or lost...
COVID-19’S IMPACT ON FAMILY LAW IN ARIZONA
As we come out of COVID-19 restrictions, experts are looking back on how the pandemic impacted relationships, families, divorces and family court. There were many lives taken, and jobs lost, and relationships that did not thrive when put under the harsh restrictions over the last two years. However, there were some great benefits that came from work-from-home-culture, and people who were quarantined together being able to reconnect. When the pandemic first began experts assumed that divorce...
Arizona Legislature’s New Law Would Put Children in Charge of Their Parents
There’s a new bill on the horizon in the Arizona legislature that every parent should be aware of -- a law currently being considered by our legislators which could create havoc in Family Court cases involving parenting-time and legal decision-making authority of children. The law seeks to modify Arizona Revised Statute, Section 25-403. That statute contains a number of factors the Superior Court judges use in custody cases to determine which parent should have legal decision-making authority,...
Do I Have To Share My Inheritance In A Divorce?
“I was left an inheritance; do I have to share it in my divorce?” This is a very common question Family Law attorneys are asked. The answer depends on how you handle the money. Arizona is a community property state. This means that almost all assets, both property and debt, acquired during the marriage are considered to be “community property” and are eligible to be split in the event of a divorce. All assets acquired before marriage are “separate property.” But there are exceptions,...
New 2022 Child Support Guidelines – Here Are The Important Changes
The 2022 Arizona Child Support Guidelines feature a lot of extremely important changes and updates from the 2018 Guidelines. While this explanation is by no means comprehensive, here is a brief overview of the changes that were made: What Are the Child Support Guidelines and How Do They Work? Arizona law requires custodial and non-custodial parents to provide “reasonable support” for their minor children. This obligation is not avoidable. This aspect of Arizona family law is...
New “Summary Consent Decree” Process in Family Court
Recently, the Maricopa County Superior Court introduced something called a Summary Consent Decree, a process that was designed for cases in which the parties have reached a full settlement before even filing anything with the court. This new system is great for divorcing couples who want things to be as quick, easy, and amicable as possible. The Summary Consent Decree is basically a “one-stop-shop.” It allows the parties to submit all documents jointly on the same day. The initial filing of...
What to Expect from a Legal Consultation at Our Office
When you come in for an initial conference at the Law Office of Gary J. Frank P.C., what you get is a comprehensive legal consultation with an experienced and caring attorney — not a sales pitch, like you may get from some lawyers. During your initial consultation, you will meet with one or more of our firm’s attorneys, Gary Frank, Hanna Amar, and Logan Matura. We’ll give you a solid understanding of your legal rights and how the court system works – and at the end of the meeting, we will give...
Loss of Parental Rights For Rapists Should Be A No-Brainer
A rapist who fathers a child through sexual assault should not be allowed to have any parental rights. That's a no-brainer. But then why has it taken so long for the Arizona legislature to address this issue? Rape is such a heinous act, but the fact is that there have been cases in other states where a man whose sexual assault resulted in the conception of a child petitioned the court and was later awarded parenting time with that child. Can you imagine a mother in this type of scenario being...
The Many Benefits of Virtual Court Hearings
When every court went virtual in March 2020, many attorneys and judges were skeptical. Nobody knew what to expect—this was completely unprecedented and not what anyone was used to. For many, it certainly took a bit of time to adjust. But now, many of those same attorneys and judges are realizing that there are some great advantages to holding hearings virtually. Here are just a few: IT REDUCES CONFLICT: Having court hearings virtually has really helped reduce conflict between parties,...
How to Begin the Divorce Process
Deciding to get a divorce can be a very difficult (yet necessary) decision to make. For many, trying to navigate the divorce process and figure out the next steps can be extremely stressful and overwhelming. Hopefully, this will break it all down for you: In Arizona, the first thing that needs to be filed with the court in the divorce process is the Petition for Dissolution of Marriage (aka Petition for Divorce). Either spouse can file this Petition. The petition will include various...
5 Tips for Making a Good Impression in Court
When you walk into a courtroom for your divorce or custody trial, you are literally placing your future and everything that is important to you, in the hands of a stranger. The judge doesn’t know you, but over the next few hours, she/he is going to listen to your testimony and consider the evidence you present – and weigh it against the testimony and evidence presented by your opponent. Then the judge will make a ruling that could alter the course of your life in a good way – or maybe a...
3 Major Benefits of Mediation in Family Law Cases
Saves Time And Money Mediation is almost always significantly quicker and less expensive than litigation. For divorce and custody cases, or any other type of dispute, mediation is a more peaceful and cost-effective alternative. In mediation, a mutually acceptable resolution can often be reached in a day, or in a few sessions over the course of a number of weeks. In contrast, litigation can drag on for months or even years. In litigation, the communication typically takes place between the...
The A-B-C’s of Divorce
Divorce can be stressful and confusing. It’s always good to have a plan. So to assure that your divorce goes smoothly, follow these steps – from A to Z. A - Ask questions – If you have a question for your attorney, ask it! Asking questions can help you to stay informed and ease any anxiety you may have. B - Be smart – Think about everything you do and say before you do it, or say it. You should always assume your ex (or soon-to-be-ex) is recording your phone conversations and taking...
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November 2009 I retained Mr. Frank almost two years to represent me in a visitation modification filed by my ex-husband. Mr. Frank quickly and efficiently became familiar with my case and was very honest about all the potential results that could occur. I truly feel that Mr. Frank had my children’s best interests in mind…
– Judy K