Category Archives: Child Support

SAME-SEX FAMILY LAW — WE CAN PROTECT YOUR INTERESTS

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Our attorney, Gary Frank, has long been a staunch supporter of civil rights, including marital rights for the LGBT community.  Now that same-sex marriage is finally a reality, it is important for gay and lesbian couples to understand their new rights, and how to protect themselves in the unfortunate event that a divorce or separation occurs.

We can help you preserve your property before a marriage takes place by preparing a Prenuptial Agreement.  And we can protect you throughout the divorceprocess by making sure you receive a fair division of property; and that spousal maintenance is awarded if a party is entitled to it under Arizona law.  If you have children, we will work hard to ensure that you come away with a legal decision-makingand parenting-time plan that is in their best interests and yours, and that child support is included. 

If divorce is inevitable, it is always a good idea to explore peaceful alternatives as a first option, before jumping headlong into an adversarial and often expensive litigation.  Mediation and collaborative divorce are two such options.  Mr. Frank is a compassionate mediator with many years of experience working with families, including LGBT couples. 

When acting as a divorce attorney, Mr. Frank encourages his clients to engage in mediation.  He will help you choose a top-notch mediator and he’ll guide you through the process, giving you the best odds of a favorable outcome.  But while mediation is often successful it does not always result in a settlement, and sometimes divorcing parties have no choice but to turn to the courts to resolve their issues.  In that scenario, Mr. Frank is a strong and experienced Family Law litigator who will fight to protect your interests.   


If you are in need of representation, or even if you’d just like a consultation to learn about your legal rights, please do not hesitate to contact us. You can reach the Law Firm of Gary J. Frank P.C. by telephone at 602-383-3610, or by email at [email protected].  We’d be happy to help you.

SINGLE MOTHERS ARE HEROES

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Over the past few years a number of studies have come out which purport to show that children raised in single-parent households are more likely to live in poverty, lag behind in academics, and have more emotional problems than children raised in two-parent households.  And who is to blame for all of this?  Well, according to the interpretation of many so-called “experts” . . . it is Single Mothers.
A Google search turns up headlines such as:  “Why Do Single Parent Families Put Children At Risk?”; “Are Married Parents Really Better for Children?”; “Single Parent Families Threaten America’s Fiscal Future”; . . . and “Single Motherhood: Worse for Children.” 
Blaming single mothers is wrong.  In fact, it’s stupid.  Historically, it has been single moms who have stepped up to the plate and supported the children when fathers abandoned the family or were only peripherally involved.  Single mothers are the ones who have shouldered the responsibility of raising the children — disciplining them, getting them off to school, helping with homework, soothing them when they are sick, and taking care of all their needs.  Single mothers are the ones who have gone to work to put clothes on their children’s backs, and food on the table, when fathers are not providing support.  In many cases, mothers are the only person in their children’s lives whom they can rely on.  Why blame single mothers?
It is too easy to glance at a set of statistics and immediately look for someone to blame.  But that is exactly what the “experts” are doing.   Assessing blame in this manner requires ignoring a wide array of societal factors that contribute to childhood outcomes.  For instance, one could argue that it is poverty, and not single parenthood, that places a child “at risk.”  Single parents are more likely to be below the poverty level, for obvious reasons.  If a mother is not receiving child support from the father – or not enough child support – then it is no surprise that she and her children will struggle financially.  She will have to find a job, or maybe two, to make ends meet.  If the children are being raised in an area of town where crime is rampant, and attending a faltering school, then the odds are higher that those children will be considered “at risk.”  Is that the mother’s “fault”?  Why isn’t it the fault of the parent who has chosen to take no responsibility at all for the children?  

The fact is that in some instances the children are better off being raised by a single parent rather than living in a home with parents who are angry and hostile toward each other; or being negatively influenced by a parent who is disconnected and irresponsible, or who suffers from substance abuse or untreated mental illness — or, worse yet, who is abusive.  Those who claim that children are better off living with both a father and mother conveniently ignore the fact that many of those two-parent households are a toxic environment.  

And what about mothers who are single by choice?  If an unmarried person wants a child and is loving, capable, and able to provide a safe, nurturing home, then why should she not have a child, or adopt one?  I know an unmarried doctor who adopted and raised three happy children.  She is a knowledgeable, attentive, and devoted parent; and her children are certain to have a bright future.  I can’t imagine a married couple providing a better environment for a child.    

In truth, the vast majority of single mothers do an outstanding job of providing for their children, while balancing work and parenting.  They often shoulder the responsibility alone and still manage to provide a loving and nurturing home.  Some of the most successful people in the world today have been raised by single mothers – including the 44th President of the United States, Barack Obama.

To blame single-motherhood for the ills of society is an injustice.  Single moms should receive a medal.  They are heroes.



The Law Office of Gary J. Frank has been a fixture in the Biltmore area of Phoenix, Arizona for over thirty years.  Gary Frank is a Family Law litigator, a mediator, and a former Judge Pro Tem.  Our firm handles a wide array of cases, such as divorce, custody (Legal Decision-Making and Parenting-Time), relocation, paternity, child and spousal support, division of property and businesses, modification and enforcement actions, grandparent and non-parent rights, and all matters relating to families and children.  If you are in need of a consultation contact us today.  You can reach us by telephone at 602-383-3610, or by email at [email protected], or through our website at www.garyfranklaw.com.  We’d be honored to help you.

HOW TO USE AN ATTORNEY AS A CONSULTANT, AND SAVE MONEY

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It is true that a lawyer can provide useful legal advice, helpful guidance, and strong representation for anyone involved in a Family Law case,  However, not everyone chooses to retain and attorney — and not everyone can afford one.  Fortunately, there are a number of options for obtaining the services of an attorney, and some of those options are very affordable.  One of the most effective, and least expensive, ways to utilize an attorney is to use him or her as a consultant on an as-needed basis.
OBTAINING A LEGAL CONSULTATION
Representing yourself in a contested Family Law action presents an enormous challenge.  Parties to litigation are expected to understand the law and rules of Family Law procedure.  The fact that you are a layman, and not a lawyer, is no excuse for violating procedural rules.  Imagine trying to play in a basketball game without knowing the rules.  The coach calls your name, but when you walk on the court you don’t know how to dribble or pass the ball, or even which basket to shoot at.  That’s the kind of disadvantage you have when you walk into a courtroom as a “pro se” (self-represented) litigant.  You may wind up losing your case without ever knowing why, or how, it happened.  Obviously, it is best to be represented by legal counsel.  But not everyone is fortunate enough to be able to afford to retain an attorney on an ongoing basis.  So, what is the next best thing?  Seek a one-time consultation with an attorney.  In that meeting, which customarily takes place in the lawyer’s office, you will have the opportunity to discuss your specific matter with an expert.  The attorney will describe how the court process works and talk to you about your legal rights. He or she can help you identify the documents (called “exhibits”) and the witnesses that you will need to prove your case.  The attorney can also devise a “game plan” and help you map out a strategy for making a strong argument in court.  This is the time to ask questions, so that you can feel confident going forward.  When the consultation is over and you walk out of that lawyer’s office you should have a much better idea of the law, your legal rights, and how to present your case in the best possible light.
FOLLOW-UP CONSULTATIONS
During the course of the litigation (which can last for several months, or even a year or more) new issues, and new questions, will likely arise.  When this happens, you can follow up by obtaining additional consultations with an attorney, as necessary.  It is important to remember that since the attorney is not representing you in the litigation, he or she will have no obligation to stay updated with the facts and legal issues of your case or perform work on your behalf.  However, by using an attorney to provide you with basic advice from time to time, you will still be far better off than if you were to try to figure things out by yourself, without any legal guidance.
ASSISTANCE IN PREPARING FOR MEDIATION OR SETTLEMENT NEGOTIATIONS
Parties to a divorce or custody dispute would be well-advised to explore the possibility of resolving their issues through mediation or settlement negotiations, rather than fighting it out in court.  No matter how strong your case may be, there is always a risk that the judge might see things differently, and you may lose.  Resolving the case through negotiation gives you the opportunity to carve out the terms of your own agreement, rather than allowing a judge to decide what is best for you and your family.  People who are able to negotiate their own agreement tend to be happier with the arrangement.  Why?  Because it is their agreement.  They made it.  And they “own” it.  It wasn’t imposed upon them by a judge who is a stranger to the parents and the children.
Although mediation (or a settlement conference) is a great alternative to battling it out in court, many people reduce their chances for success by walking into the negotiation session without proper preparation.  This is a serious mistake.  In that meeting you will be dealing with crucial issues, such as custody of children, legal decision-making, parenting time, financial support, and division of property.  Lack of preparation could cause you to overlook things that are important, or it could lead you to make compromises that are not in your best interest.  Not being prepared could also cause you to become so fearful of making a bad deal that you are unable to make a deal at all — and then you miss an opportunity to avoid a contentious trial and reach an agreement that is fair for everybody.  These types of mistakes, due to lack of preparation, can have drastic long-term consequences.   As the old saying goes, “Failing to prepare is preparing to fail.”
For an affordable fee you can obtain a consultation with an attorney to help you prepare for your upcoming mediation or settlement conference.  The attorney will review your legal paperwork, financial documents, and/or other important information, and talk to you about the facts of your case, as well as your needs, your goals, and your wishes.  The attorney can also help you formulate your settlement position and devise a negotiating strategy.  By the time you walk out of that lawyer’s office, you should feel more confident in your ability to negotiate on your own behalf.
USING AN ATTORNEY TO HELP YOU PREPARE DOCUMENTS
For someone going through a simple uncontested divorce, the Maricopa County Superior Court Self Service Center provides forms that can be downloaded online, for free.  These forms can be found at www.superiorcourt.maricopa.gov/ssc.  Hard copies of the forms can be picked up at the courthouse.  However, figuring out how to fill out those forms and navigate your way through the court process can be a daunting and confusing task.  A certified document preparer can fill out your forms but is not allowed to give you legal advice. On the other hand, for the price of an affordable consultation, you can meet with a licensed attorney who will not only check to make sure you have filled out your forms properly, but will also explain your legal rights and describe how the court process works.  You may not have the resources to retain an attorney on an ongoing basis in your Family Law matter, but by using an attorney from time-to-time as a consultant you will have an expert to help guide you through the process.
YOU CAN AFFORD AN ATTORNEY
Utilizing an attorney as a consultant on an as-needed basis allows you to control your costs.  For someone who does not wish to hire a full-time attorney, or for someone who cannot afford one, obtaining legal consultations from time-to-time can pay great dividends.  The attorney can assist you in many ways, including explaining the law; advising you of your legal rights; guiding you through the court process; assisting you in planning your strategy; drafting motions or other documents that you may need to file; and helping you to prepare for mediation, court hearings and/or the trial.  Using an attorney as a consultant is an affordable option, and a very good one.
Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorce, custody, and parenting issues. For many years he acted as a Judge Pro Tempore in the Maricopa County Superior Court, which gave him an insight into the inner workings of the courts that many attorneys lack.  In addition to representing Family Law clients in litigation, we are also willing to help people by working with them on a Limited-Scope or Consultation-Only basis.  Our office is located in the Biltmore area of central Phoenix, with satellite offices in Scottsdale and Paradise Valley, Arizona.  We can be reached by telephone (602-383-3610); or by email at [email protected]  You can also reach us through our website at www.garyfranklaw.com.  If you are in need of a consultation regarding any area of Family Law, contact us today.  We’d be happy to help.

TEN TIPS FOR SURVIVING YOUR DIVORCE — AND THRIVING

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This year is coming to a close.   If you are in the middle of a divorce – or if you are getting ready to go through one – the next twelve months could be tough.  So, here are some simple guidelines to make the journey less difficult.

1.   Keep your children out of the middle of your dispute

Research shows that children of divorce can grow up to be happy, well-adjusted adults.  However, the research also shows that children of high-conflict divorces can develop emotional problems that last a lifetime.  It can be devastating for a child to be caught in the middle of a dispute between parents.  You love your children.  That’s a given.  But loving your children is not enough.  You need to protect them from the emotional turmoil that you, as parents, may be going through.  This is an enormous challenge.  The key is to keep the children out of the middle of your dispute.  Don’t use them as messengers.  Don’t make them witness angry arguments between the parents.  Let them know the divorce is not their fault, and that both parents will continue to love them and take care of them, even after the divorce.

2.            Allow your child to love the other parent

When a marriage comes apart and emotions are at a boiling point, it is easy for a parent to make the mistake of voicing his or her displeasure with the other parent to the children.  Sometimes this leads to a war of words, with each parent feeling the need to “defend” himself / herself by badmouthing the other.  But here’s a warning:  Clinical research shows that this type of behavior can cause serious emotional problems for children.  They need to be able to love both of their parents.  So give them your permission.  You would probably place your life on the line to protect your children from a stranger who tried to hurt them.  Then why wouldn’t you make every effort to protect your children from your own anger and toxic feelings toward their other parent?    

3.            Don’t give your child too much information 


Of course, it is important to be honest with your children – but giving them information that is not age-appropriate, or talking to them about details of your divorce that they are incapable of emotionally processing, can be harmful and destructive.   Don’t talk to your children about the legal issues of your divorce.  Don’t show them your court paperwork.  Don’t share adult information with young children.  If you need to vent or get your feelings off your chest, turn to a trusted friend, a family member, or a therapist.  Keep your children out of the loop.  Let them be children.    

4.            Try to be flexible 

Parenting-time disputes can be the cause of much stress, especially during the holidays.  You can save yourself a lot of grief by trying to be flexible.  Being flexible is not a sign of weakness.  It sends a message that you are willing to compromise.  Extending an olive branch often leads to the other parenting being willing to compromise, too.  Parents who refuse to be flexible can find themselves locked in a never-ending battle; and instead of being able to solve their own problems they tend to return to court over-and-over again, putting their fate in the hands of lawyers and judges. 

 

5.            Don’t rely on “legal advice” from your friends 

Don’t believe everything your hear, especially when it comes from a friend or family member who is trying to give you advice about legal matters.  Everyone knows a friend whose own divorce was a nightmare and promises that your outcome will be terrible, too; or one who insists that your judge will give you everything you want because your custody case is a “slam-dunk.”  Receiving legal advice from a friend or family member can be a huge mistake, since tends to give you false expectations.  If you want good, solid legal advice about your divorce or custody case, talk to a lawyer who specializes in Family Law.

 
6.            Choose a lawyer wisely 


One of the most important decisions you will ever make is finding the right attorney.   Many people who are embroiled in a family law dispute say, “I’m going to hire the meanest, most aggressive, attorney I can find.”   That usually works – for the lawyer.  If the lawyer is only mean, or only aggressive, then the result will probably be a long, contentious, and expensive litigation.  That means more money for the lawyer.  Your money!  What you really want is a highly qualified attorney, one who is looking out for your interests.  The best attorney is someone who is skilled and experienced; someone who will fight for your rights — but who is also looking for ways to resolve the matter peacefully, if at all possible.  Most importantly, you should select an attorney who is a good match for you, and who makes you feel comfortable and confident.

 

7.            Be willing to compromise


Court litigation is, by nature, an adversarial process.  It can take a long time and cost a lot of money – and in the end, the final decision will be made by a judge who is a stranger to both parties.   Therefore, in any divorce or custody litigation, your goal should be to negotiate a solution that meets your needs and the needs of the children.  You can save yourself a great deal of time and money, and avoid much stress, by being willing to make reasonable compromises.  People who are able to negotiate a fair resolution of their dispute tend to be much happier with the arrangement in the long run.


8.            Talk to someone you can trust


A person going through the turmoil of divorce or custody case can benefit from a strong support system.  If you are struggling with a divorce, or if you are caught in a highly contested custody case, find someone to talk to. Whether it is with a family member, a friend, someone from your church, or a therapist, talking about your feelings is a healthy outlet.   There are also many divorce and single-parent support groups in your community that will welcome you and help you understand that you are not alone.  

9.            Take care of yourself

You can’t take proper care of your family if you don’t take care of yourself.  So take time to exercise.  Join a yoga class.  Meet a friend for dinner.  Or just spend some “down-time” relaxing at home. — Good nutrition, vigorous exercise, plenty of sleep and relaxation, lots of love and laughter — these are the keys to surviving a divorce and thriving.  Taking care of yourself will help you get through this tough time in your life.  It’s a wise investment.

 

10.         Know that there is life after divorce


It may not seem like it now, but rest assured that there is, indeed, life after divorce – and it can be great.  It will certainly be an adjustment, and it will take a commitment on your part, but getting out of an unhappy marriage, making new friends, and taking control of your physical and mental health, can give you a new perspective and lead to a happier life.

Best wishes for a healthy and happy New Year!

 

The law firm of Gary J. Frank P.C. offers strong advocacy for clients involved in all areas of Family Law, including disputes involving divorce, custody (legal decision-making), parenting time, interstate custody or visitation, grandparent and non-parent custody and visitation, division of property and businesses, spousal and child support, modification of existing orders, enforcement of orders, relocation / move-away cases, paternity, guardianships, and other matters involving children and families.  Gary Frank is also an experienced Family Law Mediator who can help you resolve your dispute without the need for fighting in court.  With more than thirty years of experience as a courtroom litigator, as well as a mediator and a former Judge Pro Tem, Mr. Frank brings skill, compassion, and a depth of understanding to each matter he handles, and each client that he represents.  Our office is located in the Biltmore area of Phoenix, Arizona, and we have satellite office in Scottsdale and Paradise Valley to more conveniently serve our clients.  You can reach us by telephone at 602-383-3610 or by email at [email protected].  You can also check us out on our web site at www.garyfranklaw.com.

EMBRACING CHANGE

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“Change is constant.  For some people, especially those who come from bigger companies, the constant change can be somewhat unsettling at first.  We must all learn not only to not fear change, but to embrace it enthusiastically and, perhaps even more important, to encourage and drive it.  We must always plan for and be prepared for constant change . . . Never accept or be too comfortable with the status quo, because the companies that get into trouble are historically the ones that aren’t able to adapt to change and respond quickly enough.”


Tony Hsieh
CEO of Zappos.com
from the book, “Delivering Happiness”


The need to embrace change applies to all of us, in both our personal lives and at work.   Over the years, the practice of law has seen enormous changes.  The  most successful lawyers are the ones who not only accept, but embrace, change.  Our attorney, Gary Frank, remains on the “cutting-edge” of Family Law by staying up to date with the latest statutes passed by the Arizona Legislature, and by studying the new decisions handed down by the Supreme Court and Appellate Courts.  He improves his knowledge of the law by attending continuing legal education courses on a regular basis throughout the year.  And he hones his courtroom skills by using the very best litigation practices and strategies.

Many law firms are locked into a particular office location that is often difficult or inconvenient for clients to visit.  But modern advances in technology, such as networked computers, laptops, tablets, smart phones, and the internet, have allowed lawyers to become “road warriors” and provide top-notch representation while being more accessible to their clients.  Therefore, the Law Offices of Gary J. Frank are conveniently located throughout the Valley — in Scottsdale, Paradise Valley, Tempe, and the prestigious Biltmore area of Phoenix — in order to better serve our clients.      

Yes, change is, indeed, constant; and our ability to embrace change has enabled us to be successful.  But, just as importantly,  our attorney, Gary Frank, is also known for embodying qualities that are timeless and enduring:  Experience; Excellence; Integrity; Strong Advocacy; Common Sense; and and a Commitment to always putting his clients first.  We are a modern law firm with old fashioned values.  That’s what sets us apart.

Our attorney, Gary Frank, has been a courtroom litigator in the Family Law arena for over thirty years, and is a strong and committed advocate for his clients.  In addition to being a litigation attorney, Mr. Frank has acted in the capacity of a Judge Pro Tem in the Maricopa County Superior Court.  This has given him an understanding of the inner-workings of the court, and a unique perspective  that most attorneys lack.  He has also acted, for many years, as a professional mediator of Family Law disputes.   We handle a full range of Family Law matters, including divorce, custody, spousal and child support, division of property and assets, modification and enforcement actions, as well paternity/maternity cases, grandparent or non-parent custody and visitation actions, and relocation/move-away cases.  If you are in need of a consultation regarding any area of Family Law, please do not hesitate to give our office a call today at 602-383-3610; or feel free to contact us through our web site at www.garyfranklaw.com; or by email at [email protected]   We look forward to hearing from you.

THE TYPICAL ARIZONA FAMILY LAW TRIAL LASTS LESS THAN ONE DAY

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Here’s something I’ll bet you don’t know:  While a trial in a criminal or a personal injury case, or even a contract dispute, may lasts days or weeks, or even months, litigants in a typical Arizona Family Law Trial are rarely allowed more than one day to present their entire case.  Family Law trials are often high-conflict matters involving multiple complicated issues such as divorce, contested custody, parenting time, child support, spousal support, and division of property and debts.  Sometimes they involve domestic violence issues.  Other times they entail dividing stock options, determining the value of a business, or selling real estate – all of which may require appraisals and expert testimony.  Sometimes they involve hidden assets and forensic accounting.  These are not easy cases.  Judges have the authority to allow a multiple-day trial, and sometimes they will do so; however,  litigants in Arizona Family Law courts will typically be given one day or less for trial; and each party is allotted one-half of that time in which to present his or her side of the case.

What does this mean for you?  It means that in order to properly present your case, you will benefit from the help of an experienced attorney; someone who is organized and focused; who knows the rules of the game.  Someone who can take your family history and get right to the very essence of the problem.  Someone who can spot the most pertinent issues; then take the facts and distill them into a concise and persuasive argument.  You need someone who has excellent writing and research skills, since cases are often won by rock-solid arguments made in written motions which are submitted to the court before the trial.  You need someone who knows how to cut directly to the heart of the matter in the courtroom, using a strong cross-examination, or a powerful oral argument.   What you need is a skillful and experienced advocate who is capable of presenting the strongest possible case in the shortest of time frames.

Our attorney, Gary Frank, has been a courtroom litigator in the Family Law arena for over thirty years, and is a strong and committed advocate for his clients.  In addition to being a litigation attorney, Mr. Frank has acted in the capacity of a Judge Pro Tem in the Maricopa County Superior Court.  This has given him an understanding of the inner-workings of the court, and a unique perspective  that most attorneys lack.  He has also acted, for many years, as a professional mediator of Family Law disputes.   If you are in need of a consultation regarding any area of Family Law, please do not hesitate to give our office a call today at 602-383-3610; or feel free to contact us through our web site at www.garyfranklaw.com; or by email at [email protected]   We look forward to hearing from you.

To Marry or Not to Marry — That is the Question.

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Today, more and more people are deciding to live together before marriage.  Many couples live together with no intention of ever marrying.  People frequently ask me: “Is it better to marry or to just live together without legal ties?”  My answer is always the same: “That’s a decision that is best left to each couple, after giving the matter careful consideration.”  There are pros and cons to each arrangement.  On the one hand, if there is no marriage then there will be no need for a divorce if the couple should ever break up.  On the other hand, the law does afford a married person certain protections, and there are often legal consequences when a relationship ends, even if the cohabiting couple never married.

The longer a couple has lived together, the more “things” they typically acquire.  For instance, a couple may pool their money to buy a home, or a car, or a houseful of furniture.  They may have a joint bank account, or mutual investments.  How are these things divided if and when the relationship ends?  And what happens if the parties can’t agree on a division? 

There is no “common law marriage” in Arizona.  When the cohabitation is over, the concepts of divorce and community property do not apply.  If the couple owns property or bank accounts together – and if they are fighting over them – then they may wind up in a lawsuit, even if they never married.  Rather than using a “community property theory” of division, the Court will likely use a “partnership” theory to divide these assets.  A problem may arise where the parties bought a house together but one of them paid all the mortgage payments with his/her separate income from work.  In a divorce scenario this would be an easy call and the value of the house would be split equally, since income earned by a spouse from employment during the marriage is considered “community property” (and both the husband and wife have an undivided 50% interest in all community property).

Spousal Maintenance is a statutory right that is afforded only to a married person in Arizona.  The parties may have lived together for many years, and one of them might have given up a career to be a homemaker or a stay-at-home parent, but if the parties were never married there is no right to spousal maintenance when the relationship ends.  This could put the non-married, stay-at-home partner in a real bind and make his or her life unnecessarily difficult following the break-up.

When people have children together and then separate, they may still end up in court over the issues of custody, parenting time, and child support.  The court will make custody and parenting time decisions based on the best interests of the children regardless of whether or not the parents are married.  Child support decisions will be made based on the parents’ incomes and the needs of the children, pursuant to the Arizona Child Support Guidelines.  Whether the parents were ever married is not a factor.

If the parents are not married and the father is not on the child’s birth certificate, then before being given the rights of a parent, the father will have to take the extra step of obtaining a paternity order.  Only then can he ask the court for an order spelling out his custody and parenting time rights.

There are valid reasons for deciding to marry, or live together without marrying.  However, given the fact that this is an important decision with long-term consequences, it would be a good idea to consider the legal ramifications before making a final decision.

Gary Frank has practiced Family Law in Arizona for almost thirty years and has handled cases for both married, and unmarried, persons.  Contact us today for a consultation by calling our office at 602-383-3610, or email us through our website at https://www.garyfranklaw.com/.

ASK THE LAWYER – Helpful Hints on Divorce & Custody Issues from a Phoenix Family Law Attorney

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My purpose in writing this blog is to give you, the reader, some useful information on topics related to Family Law.   Contemplating divorce, or running into problems involving custody or parenting time after the marriage has been dissolved, can be stressful and even frightening.  It is often hard to know where to turn for information – and without good, solid information, it is hard to make an intelligent decision.  Hopefully, this blog will provide some of the important information you need and point you in the right direction.

On my web site, I have a section entitled “Ask the Lawyer.”  In that section, you will find questions that clients and others have asked me concerning a wide range of Family Law problems, along with my answers.  The topics include everything from custody and parenting time, to relocation, child support, spousal maintenance, property division, and many other issues that arise when a marriage comes apart.  Some of those issues may apply to your own situation. 

If you are interested in looking at my answers to Family Law questions, check out our website at https://www.garyfranklaw.com/ and click the “Ask the Lawyer” link.

The Definition of “Family” Is Changing – Family Law Must Change, Too

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The definition of “Family” is changing.  According to a recent study by the Pew Research Center, about 29 percent of children under 18 now live with a parent or parents who are unwed or no longer married.  This is a five-fold increase from 1960.  This statistic does not merely reflect a higher divorce rate — it is also the result of a rising number of couples who have decided to live together without ever marrying.  In fact, U.S. census data released in September, 2010 shows that marriages have hit an all-time low of 52% for adults 18 and over.  In 1978 just 29% believed that marriage was becoming obsolete.  Today, that figure has grown to 39 percent.  According to the Census Bureau, opposite-sex unmarried couples living together jumped 13 percent this year, to 7.5 million.  Experts speculate that the sharp increase is a result of both changing societal values and the current economic woes.

Whereas “Family” was once defined as a married man and a woman, and children born in wedlock, that definition is becoming much broader in today’s society.  It now includes “blended families” with step-parents and children from different relationships; single-parent families; families in which the parents are cohabiting; families in which the children are being raised by grandparents; and gay relationships with or without children.  Our definition of “Family” is morphing and growing, and it is becoming more accepting and inclusive.

What hasn’t changed much is the laws relating to divorce and Family Law.  In order to provide protection for people in non-marital relationships, our laws need to change.  For instance, a spouse who has given up her or his career to care for children throughout a long marriage is entitled to spousal maintenance after a divorce; but a person who has done the same thing in a long-term cohabitation arrangement is not.  Unlike California Arizona has no “palimony” law to protect that person.  And while a spouse in a marital relationship has community property rights, and rights of inheritance under the law, a person in a cohabitation relationship has no such protection after a break-up or a death.  Arizona has no “common law marriage” statute.

For these reasons, a person entering into a committed relationship must think long and hard about what form that commitment should take.  Marriage or Cohabitation?  There is a significant difference from a legal perspective, with a spouse in a marital relationship having far more protection.

Some recent changes have been made in Arizona, especially in the area of protecting children.  Grandparents, step-parents, and other non-parents now have a legal right to visitation and, in some cases, custody of children with whom they have had a close bond.  Single people and gay couples are now allowed to adopt children who are in need of a loving family.  Custody laws have become more realistic and fair in guiding judges to make determinations of joint vs. sole custody.  New Parenting Time Guidelines have been enacted, and the existing Child Support Guidelines are in the process of being revamped.

Changes are occurring in how we, as a society, view and define “Family.”  The law must continue to evolve in order to accommodate those changes.

Gary Frank has practiced Family Law in Arizona for almost thirty years, acting in the capacity of a counselor, a litigator, a mediator, and a judge pro tem.  He is a committed advocate for families and children.  If you are in need of advice or representation, contact our office at 602-383-3610 or email us through our website at https://www.garyfranklaw.com/.

OUR MISSION STATEMENT FOR 2012

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Here is our mission statement for the new year: 
Gary Frank is a Family Law Attorney who cares about his clients.  Whether they are going through a divorce, or dealing with contested custody or other family law issues, we understand that our clients are in the midst of a difficult period in their lives.  By accepting their case, we have made a commitment to be there for our clients; to help them, to support them, and to fight for them.  We will apply the legal knowledge, litigation skills, and powers of persuasion, gained over thirty years of Family Law experience, to tenaciously protect our clients’ interests.  Mr. Frank will work with each client to creatively explore options for settling the dispute in a healthy, amicable, and inexpensive manner if possible.  These options could include the use of mediation, settlement conferences, collaborative divorce, or other dispute resolution measures.  However, if a fair settlement cannot be achieved,  then Mr. Frank can always be counted on to aggressively assert his clients’ rights, utilizing the skills he has honed over his many years as a courtroom litigator.  Our goal is to protect our clients; to preserve their relationship with their children; to assure that they receive a fair division of assets; and, when necessary, to obtain the financial support they need to provide for a secure future.   Gary Frank will continue to be a caring, compassionate attorney, and a fierce advocate for the best interests of his clients.

Gary Frank is a Family Law Attorney with over 30 years of experience in the areas of domestic relations, divorce, custody, division of property, support, modification actions, enforcement actions, Grandparents and non-parents rights, and all other matters pertaining to families and children.  If you are in need of a consultation, please do not hesitate to call our office at 602-383-3610; or you can contact us by email at [email protected]azbar.org, or through our website at www.garyfranklaw.com.   We look forward to hearing from you.