ARIZONA’S FAMILY COURTS ARE OPEN, AND OPERATING EFFICIENTLY, DESPITE COVID-19

 

In the midst of the pandemic, you may be wondering how your family law matters will be affected by court closures and the constantly changing regulations caused by COVID-19. The Arizona courts are committed to minimizing spread of the virus and creating the safest environment possible while still serving the needs of the community. While family law matters are normally not an exciting part of life, sometimes they are necessary. If you are facing a family issue, such as a divorce or custody matter, a grandparent visitation dispute,  a relocation (move/away) request, or a modification or enforcement case that may need to be handled by the courts, rest assured that the Court’s COVID procedures and modification of in-person requirements will not prevent the work from getting done to help lead to a solution for you and your family. When we meet with you, we will cover all of the major points to help you understand how COVID-19 is impacting the family courts. If you want to check out the guidelines directly from the Arizona Courts here is a link.

The first thing you should know is that the family department will continue to address “essential services” in person. These include applications for orders of protections, contested hearings on orders of protection, motions for temporary emergency orders, and hearings on temporary emergency motions. In person court appearances do require the use of a mask and social distancing. Other court hearings may be held in person at the discretion of the judge.

Although emergency proceedings will continue in person, other matters are equally important. In this new era of Zoom meetings and video-conferences, the court system has adapted its process to be conducted via GoToMeeting. GoToMeeting is a secure platform that allows the judge to interact with the attorneys and the clients in a similar fashion to how they would in person. If you have an early resolution conference, mediation, open negotiations, decree on demand, parenting conference, or even a contested hearing or trial scheduled you can plan to take your video call from the comfort of your home via GoToMeeting. You’ll need to download the app, and although there is sometimes an occasional wifi related glitch, the court system and your attorney will proceed as usual in order to create a meaningful outcome.

In the early weeks of COVID-19, some cases were faced with delays and rescheduling. By now, the courts have managed to get things back on track and proceed as usual. In many instances, the Coronavirus may catapult the Arizona court system into a more modern era of technology. A video conference means dodging the stress of the courtroom, avoiding downtown traffic and parking, and preventing you from having to take unwanted time off from work for in-person court appearances. In the future, some types of court matters may be conducted by phone or video-conference permanently, even after the COVID-19 pandemic has become a thing of the past.

With the recent increase of COVID cases in Arizona, the courts have not determined when things will return to the way they were before. For now, and into the foreseeable future, the courts will operate telephonically and by video-conference as much as possible. But, in the meantime, your family law matter will continue to be a productive and meaningful process until a solution is reached.

 

At the Law Firm of Gary J. Frank P.C., both Gary Frank and attorney Hanna Amar are strong litigators and compassionate counselors. Gary Frank is a Family Law Attorney with over 30 years of experience as a litigator and mediator. He has also acted in the capacity of a Judge Pro Tempore in the Maricopa County Superior Court, and served on the Governor’s Child Abuse Prevention Task Force. Hanna Amar is a highly-skilled attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna is the President of the Young Lawyer’s Division of the Maricopa County Bar Association.  We handle Family Law cases in the areas of divorce, custody (now called “Legal Decision-Making and Parenting Time), relocation (move-away), division of property, spousal and child support, modification actions, enforcement actions, grandparent and non-parent rights, and all other matters pertaining to families and children. If you are in need of a consultation, call us today at 602-383-3610; or you can contact us by email through our website at www.garyfranklaw.com.   We look forward to hearing from you.

 

 

 

WHEN IT COMES TO FAMILY LAW, “THESE ARE THE GOOD OLD DAYS”

People seem to always pine for the “good old days.”  And, sure, there is plenty to complain about today, but America in 2015 is far more tolerant, compassionate, and evolved than at any time in U.S. History — or maybe even human history.
 
When I was growing up in the 1960’s . . . 
 
 Cohabitation was scandalous;

A female who had sex before marriage was a “slut” (but the same was not true for a male – after all, he was just being a guy);
 
Children born out of wedlock were referred to as “bastards” and were shunned by society through no fault of their own;
 
Interracial marriage was against the law in most states.  An interracial couple could be arrested, convicted, and sentenced to prison for the mere “crime” of falling in love and getting married;

Bi-racial children were shunned, too;
 
Interfaith marriage was considered an abomination – couples who married outside of their faith were often excommunicated from their church and disowned by their families;
 
Gay marriage was not even something people could dream about.  Sodomy laws were in place in every state, making homosexuality illegal.  And those laws were used to prosecute gays.  “Coming out of the closet” meant risking becoming the victim of societal abuse, both legal and physical;
 
Divorce was not just frowned-upon – the law made it almost impossible to get out of a bad marriage.  It was not enough to show that the parties were no longer in love or that they found it impossible to live together.  To obtain a legal divorce required a husband or wife to prove sufficient “grounds,” such as abandonment, abuse, or infidelity.  Women often came away from divorce impoverished, regardless of the lifestyle they enjoyed during the marriage.  And to be a divorced person, or a child of divorce, was seen as a public embarrassment;

Mothers were almost always awarded sole custody of the children by the divorce court.  And regardless of how active and involved a father might have been in his children’s lives – he was given only “visitation”;  

Domestic violence was rampant, as it is today.  But, back then, it was considered a parent’s right to keep his or her children in line by the use of corporal punishment, however severe.  And if a man chose to abuse his wife it was viewed as a family matter, and nobody else’s business;
 
Women had few employment opportunities.  “A Woman’s Place is in the Home” was not just a saying – societal rules were built to make sure that women remained economically helpless and subservient.  Universities had quotas for women and many jobs were off-limits, including executive-level positions in banks and corporations.  Women, no matter how capable and intelligent, were offered employment mainly as factory workers, teachers, administrators, or secretaries.  There was no “glass-ceiling” for women — instead, the ceiling was made of concrete.   So were the walls.  To break through those barriers took a herculean effort;  

For a father to stay at home and take care of the children was unheard of — it was not considered “manly.”  Fathers were locked into the role of “Provider.”  And being the sole source of income for the family was a responsibility that left little time for dads to be loving, nurturing parents to their children. 



Looking back on the “idyllic days “of the past is a fantasy.  The “good old days” weren’t really so good.  In fact, in many ways, life has never been better than it is right now.  

Want to know the truth?   These are the “good old days.”

 

Gary J. Frank is an attorney and mediator with over thirty years of Family Law experience in dealing in divorcecustody, 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.

 

 

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

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 divorcecustody, 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.

WHO CARES HOW I DRESS FOR COURT? — WELL . . . MAYBE THE JUDGE.

A person came into my office the other day for a “second opinion.”  And he asked me this:

“My attorney advised me that for my custody trial next month, I should cut my hair, trim my beard, and trade my T-shirt and jeans for a nice shirt and slacks.  I find that advice insulting.  I’m a good guy and a good parent, so why should it matter?”

Here was the answer I gave him:

“I believe you, and I would accept you just the way you are.  On the other hand, I’m not the one holding your fate in his hands.  Your future as a parent is in the hands of the person in the long, black robe – the Superior Court Judge.  

It’s true that we should never form an impression of others based upon appearance alone – but people do it all the time.  It’s human nature.  And judges are human.  Some judges may not be concerned about your appearance – but other judges might.  There are judges who view it as disrespectful when a litigant walks into the courtroom in jeans and a T-shirt.   If you happen to appear before a judge who feels that way, then you could find yourself “behind-the-eight-ball” before you ever open your mouth.

So, why take the chance?   

Your lawyer gave you good advice.  It’s probably not because the lawyer doesn’t like the way you look.  It’s because your lawyer is your advocate and he or she wants to assure that you do everything possible to make a good impression on the Court. 

Here’s myadvice . . . It’s up to you, but before you make your decision, keep this in mind:  Like it or not, the judge is the person who has the power to determine your fate, and your children’s future.”
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, legal decision-making, parenting time, spousal maintenance, 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’d be happy to help you.

ANN SCOTT TIMMER APPOINTED TO ARIZONA SUPREME COURT

I am leaving in a few minutes to attend the investiture ceremony for Arizona’s newest Supreme Court Justice, Ann Scott Timmer.  Judge Timmer was my first law clerk while she was still a student at Arizona State University School of Law.  Upon graduating from law school, she went on to work for a prestigious law firm in the Phoenix area.  After proving her worth as an attorney, she became a Maricopa County Superior Court judge and, later, was appointed to the Arizona Court of Appeals.  Now she will be a judge on the Arizona Supreme Court, making decisions of great import to our state and our country.

Judge Timmer has excelled at every level, and I’m confident that with her on Arizona’s highest court, we are all in good hands.  Congratulations Judge Timmer.

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 the majority of 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.

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