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 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 forced to share custody of her child with the man who raped her? That, itself, should be considered a crime.

Arizona’s new law, S.B. 1007, if passed, will add sexual assault that led to the conception of a child to the list of evidence sufficient to justify the termination of the parent-child relationship of the parent who committed the assault.

The provisions of the bill will allow a parent or agency to file a Petition to Terminate the parent-child relationship, and the perpetrator’s parental rights can be terminated upon a finding, by clear and convincing evidence, that the parent committed a sexual assault that resulted in the child being conceived. It also allows the Court to accept a guilty plea or conviction for sexual assault as evidence that the child was conceived as a result of a sexual assault by that parent.

This new law is fair and right, and will prevent ongoing trauma and abuse. It will stop a mother who was the victim of rape from being re-victimized over-and-over again by her rapist. But it makes you wonder: Why did it take so long?

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At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Logan is passionate about children and families, and provides expert representation for her clients. Our firm handles 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 step-parent and non-parent rights, as well as 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.

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, particularly in Family Court. For instance, a party might be afraid to leave the courtroom for fear that the other party may try to talk to them, or retaliate against them, or, worse yet, attempt to intimidate or physically harm them. Holding court hearings virtually allows the parties to leave the video conference when the hearing has ended, without the need to have any contact at all with the other party.

THE “MUTE” BUTTON IS A HUGE HELP:

The “mute” button has been a real benefit in virtual hearings, especially for judges. If, during a party’s examination, the other party is blurting out things like “that’s not true!” or “that never happened!” the judge has the ability to mute that party. This prevents the person who is having an outburst from interrupting the proceeding, and it enables the judge to pay attention to the witness who is testifying, without being distracted.

HEARINGS CAN BE RECORDED EASILY:

Another benefit of a virtual hearing is that it can easily be recorded. Most courts (including the Family Court in Maricopa County) have a system in place where either the video and/or audio is recorded. If either party wants a copy of that hearing, they can simply request one from the court. They can then download it on their computer and have it for their records. Having a copy of the recording is often more helpful than having just a transcript because it can be much clearer how things were said.

IT SAVES TIME AND MONEY FOR ALL:

Likely the most significant benefit of a virtual hearing is the amount of time and money it saves. When hearings are in person, there are often delays. Now, rather than driving to the courthouse and waiting in the hallway for the hearing to start, you can just hop on your phone or computer from the comfort of your home or office. There’s no need to pay for transportation to get to the courthouse, no need to pay for parking, and most importantly, no need to pay for your attorney’s travel/waiting time.

Overall, virtual court hearings have been convenient for judges and a great experience for most attorneys and litigants. They will likely will continue be the norm for quite some time, and for many types of hearings the arrangement could become permanent.

By: Logan Matura

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Logan is passionate about children and families, and provides expert representation for her clients. Our firm handles 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 step-parent and non-parent rights, as well as 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.

THE THREE MAJOR BENEFITS OF MEDIATION IN FAMILY LAW CASES

  1. 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, communication typically takes place between the attorneys by letters or emails, and disputes are resolved in court hearings before a judge, causing lengthy delay. On the other hand, Mediation’s efficient approach to information-gathering and decision-making allows for rapid progress to be made. If an issue or a dispute arises in mediation, it can be addressed immediately, while the session is taking place.

The quick timeframe of mediation can also shorten the amount of time that family members have to endure the stress and anxiety of unresolved issues and unknown futures, and it can save tens-of-thousands of dollars in attorney fees and litigation expenses. This is a huge benefit of mediation.

  1. Reduces Stress

In most situations, mediation is far less stressful than litigation. The main reason for this is because mediation is conducted in a neutral setting, like a mediator’s office or conference room (or these days, even by Zoom), rather than in a courtroom. And the mediator is a professional neutral who does not represent either party. The mediator does not have the power of a judge and cannot impose a judgment on either of the parties. His/her only job is to help the parties reach a mutually acceptable resolution. Most of the time, the mediator, the parties, and their attorney (if they have one) will sit in one room around a table and discuss all of the issues. In more high conflict situations, the mediator may place both parties in separate rooms, and go back and forth between them to try to negotiate a solution without any direct contact between the parties.

Another reason that mediation is less stressful is because there is much more flexibility than in litigation. This flexibility allows for a cooperative approach rather than a combative engagement where everyone is left feeling exhausted and frustrated.

  1. You Remain in Control

Mediation is a voluntary and confidential process where the parties participate in the discussions and decisions. The mediator is acting as a facilitator and not as a judge, and either party is free to walk away at any time if they decide they no longer wish to participate. This gives each party a real sense of control, as opposed to litigation, where getting up and walking away is not an option and a judge has the power to impose a solution on the parties that neither of them may be happy about.

I recently went in front of a judge who told my client and the opposing party, “I don’t know you, and I don’t know anything about your family. If you proceed with litigation, I will listen to you both for probably a total of 3 hours at trial, and then I will have to decide how your property is divided and how you raise your children. If you can resolve this outside of court, you will save time, money, and stress, and most importantly, you will have some say in the outcome.” — This really resonated with my client, and quite frankly it resonated with me. Mediation allows for both parties to have control over the process and the result. This control can be extremely empowering. A mediator will work with both parties to help them make decisions that are in the best interests of their family.

The bottom line is this: If parties are able to negotiate a mutually acceptable agreement in mediation, they tend to be happier with the outcome and are far less likely to return to court for future disputes and have to spend money on attorneys and courtroom battles.

At the Law Office of Gary J. Frank P.C., our attorneys are experienced mediators who can explore options and help parties negotiate an agreement peacefully and less expensively. When we are not acting as mediators, but rather representing clients in litigation, we often recommend that they participate in mediation with another experienced mediator. In that setting, we can appear with our client at the mediation and help them negotiate an agreement from a position of knowledge and strength.

If you are interested in mediating your Family Law dispute, feel free to call us today.

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Logan is passionate about children and families, and provides expert representation for her clients. Our firm handles 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 step-parent and non-parent rights, as well as 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.

PREMARITAL AGREEMENTS ARE A WISE MOVE

Premarital Agreement Basics

In the past ten years or so, there has been a significant rise in couples exploring the option of entering into premarital agreements. Many soon-to-be-married couples often avoid the topic of premarital agreements as they feel it could be detrimental to their relationship. This makes sense, since you’re essentially negotiating what would happen in the event of divorce. However, in many circumstances, it can be a really smart thing to do both financially and emotionally. Experts agree that a premarital agreement can be a very wise decision, not only because it outlines a couple’s finances, but because it can prevent a costly and contentious divorce proceeding if the marriage doesn’t work out in the future. So, in that sense, it can actually take the pressure off a newly married couple.

Here are the basics when it comes to a premarital agreement:

What is a premarital agreement?

A premarital agreement (also commonly called a prenuptial agreement or a “prenup”), by definition, is a written contract in which an engaged couple states their rights and responsibilities regarding premarital and post-marital assets and debts, including what would happen should their marriage end in divorce or death.

How much does a Premarital Agreement cost?

The cost of a premarital agreement greatly depends on the complexity of the issues and the amount of assets and debts to be protected, but it is far less expensive than the cost of a contested divorce litigation.

Who Needs a Premarital Agreement?

Of course, anyone can get a premarital agreement if they would like. However, there are certain circumstances in which it would be recommended. These circumstances include when one or both parties have children; when one or both parties have been previously married and divorced; when one or both parties own a home; when one or both parties own a business; or when there is a significant difference in wealth and/or debt between parties. People in these circumstances often have a greater interest in protecting their rights (particularly their financial rights) than those who are not in these situations.

 How do I get a Premarital Agreement? What does the process look like?

Typically, one party, usually the higher earning party, will retain an attorney to create a draft of the agreement. After that draft is completed, the other spouse will have their own attorney look it over, negotiate terms, and make suggestions for possible changes and edits. Once both parties and their attorneys have approved the final draft, the contract must be signed and executed.

Depending on the complexity, a premarital agreement can take anywhere from a few months to a few days, but it certainly is not the best idea to wait until right before the wedding to begin consulting with attorneys.

Do you have to have separate lawyers?

It is advisable for both parties to have their own attorneys. Having separate lawyers ensures that both parties’ interests are represented fairly. It will also make it more difficult for a party to challenge the provisions in the future.

One lawyer cannot, or at least should not, represent both parties as there would be a conflict of interest. Additionally, while it is not required that both parties consult with an attorney, we recommend it, because if one party has an attorney and the other does not, the party without an attorney will be at a significant disadvantage.

 Can you set the terms for child support and custody in a Premarital Agreement?

In Arizona, you cannot set the terms for child support or custody in a Premarital Agreement due to public policy concerns. The Family Court has the ongoing right to set or change the terms of legal decision-making authority, parenting time, and/or child support at any time, now or in the future. If the parties divorce, the courts will deal with those issues at that time. But keep in mind that while a parenting plan is not enforceable without a judge’s approval and signature, a Premarital Agreement is enforceable as a binding contract as soon as it is signed by the parties.

A Final Thought

Today many people are marrying later in life, after they are already established in their careers and have accumulated significant assets, and sometimes after they have been previously married and divorced. Blended families, in which each spouse has their own children from a prior relationship, are common. As a result, the need to protect assets is greater now than ever before. This makes entering into a premarital agreement a wise move.

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

HOW TO PREPARE CHILDREN FOR A DIVORCE

Each year, over 1 million American children are affected by their parents’ divorce. How each child reacts depends on many factors, including their age, personality, and of course, the circumstances surrounding the divorce or separation. Many times, the initial reaction of children is one of shock, sadness, frustration, anger, or worry. However, with enough planning, you can handle your divorce in a way that doesn’t have to feel like your kids’ world is crashing down on them. If dealt with appropriately, many kids can come out of divorce mentally stronger and better able to cope with stress.

Here are some tips to prepare your children for divorce and ease the transition:

Preparing to Deliver the News

When figuring out how to deliver the news to your children, make sure that you and your spouse are on the same page about how you will tell them what’s happening. It would be a good idea for you and your spouse to do some sort of “dress rehearsal” to prepare exactly what you are going to say ahead of time. Even if you feel like you can barely be in the same room as your spouse, it’s important to at least present a united front to prevent your kids from feeling like they are being pulled into taking sides. Children do significantly better with the news of divorce when their parents are positive and aligned.

Breaking the News

              Make sure that when you deliver the news to your children, you are doing it at a time when stress is low and nobody has plans for at least a few hours, that way they have a little bit of time to work through their initial reaction. Making this announcement and then sending the kids to school, for example, might make it very difficult for them to focus.

Additionally, this conversation should ideally take place in a quiet, safe space—perhaps their backyard, living room, or any other space that is comfortable and free of distractions. If your children have electronic devices with them, make a rule for everyone to put their devices away during the conversation.

What specific words and phrases you decide to use during the conversation will, of course, depend on the child’s age, maturity, and temperament. However, the discussion should always include this message: what happened is between mother and father and is in no way the child’s fault. The reason for this is that many children will feel that they’re to blame even after parents have said that they are not, so it’s important to keep reiterating this message. Make sure that your child knows that your decision is strictly about adults needing to be apart due to differences.

While you are obviously going to need to discuss what will be changing in your children’s lives and daily routine, it is equally as important to focus on what will stay the same. Divorce can be extremely destabilizing, so telling your children what will not change may provide them with some comfort.

Handling their Reactions

Every child will react to this news in their own way. Some children react very strongly initially and then slowly begin to adjust and accept it, while others seemingly take the news in stride and then exhibit signs of distress days, weeks, or even months later. Either way, these are normal reactions—they are grieving the loss of a family. Remind them that it’s perfectly okay to feel however they are feeling and that you are there to help them through the transition. And if you aren’t sure how your child is feeling about the divorce, just ask them.

As children continue to react, they will likely have many questions, including where they will live, where each parent will live, where they will go to school, if they’ll still get to see their friends, etc. Be as honest as you can, even when it isn’t easy. If you don’t have an answer to something, tell your child that you will let them know as soon as you figure it out.

Helping Kids Cope and Adjust to their New Normal

As time goes on, children will begin to adjust to their new life with divorced parents. This can be difficult at first, however, there are a few things you can do to help them better adjust:

  • Stay consistent. Whenever possible, minimize unpredictable schedules, transitions, or changes. Consistency and routine can go a long way toward providing comfort and familiarity for children. Don’t try to make your children feel better by relaxing limits, letting them act out, or buying them things. This can backfire, possibly making your children more insecure and less likely to recognize your parental authority later.
  • Encourage communication. Tell your child that it’s okay to talk about their feelings and ask questions, but don’t push them. Let your child vocalize how they are feeling if they want to. If your child doesn’t want to talk about the divorce, don’t try to engage in a conversation about it—they may not be ready yet. Let them know that you are available if and when they are ready to talk about it. Do your best to co-parent with your soon-to-be “ex.” Parents need to communicate and consult each other on major decisions, so that the children know that their parents are on the same page. Let them know that both of their parents love them and are looking out for their best interests.
  • Have a therapist on call. Before you even announce your split to your kids, it might be a good idea to line up a therapist. Providing children with a neutral place to express their feelings can help them process some of the big emotions they’re going through. It’s good to have your child start with a therapist before they start showing signs of behavioral changes.
  • Don’t fight in front of the children. Studies have shown that post-divorce conflict in front of the children can lead to mental health issues down the line. Openly arguing in front of the kids can make them feel like they are stuck in the middle—something that no child should ever feel. Additionally, this conflict can set a really bad example for them, especially when they are still learning how to form their own relationships. Whether you and your ex decide to go to mediation, therapy, or just argue outside of the children’s earshot, do whatever you have to do to keep the kids out of it.
  • Don’t talk poorly about one another. This can be a tough one but try your best not to lay blame on your partner to your children, even if there has been serious hostility or infidelity. This will just lead to your children feeling like they have to pick a side, which, again, is something that no child should ever feel. If you can, make a pact with your ex to not ever talk poorly about each other in front of the child.

Ultimately, changes of any kind are hard for kids. Stay patient, stay consistent, and know that you and your children will get through

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

Conflict in Front of the Kids: Why Not to Do It and How to Avoid It

We recently posted an article on our social media about Parental Alienation and its harmful effect on children. But recent child development research shows that even experiencing lower levels of parental conflict can lead to mental health problems for children who are caught in the middle.

The findings of a new Arizona State University research study, titled “Longitudinal Effects of Post-Divorce Interparental Conflict on Children’s Mental Health Problems Through Fear of Abandonment” were published just last week in the Child Development journal. The study, as the title suggests, focused on the lasting effects that post-divorce parental conflicts have on their children’s mental health.

From 2012 to 2015, the researchers surveyed families participating in the ASU New Beginnings Program, asking 559 children (aged 9-18) about their exposure to conflict. The questions included topics like whether after their parents’ divorce their parents fought in front of them, spoke poorly about one another, asked them to carry messages to one another, etc. The study ultimately found that children exposed to parental conflict were more likely to report worrying about being abandoned by one or both parents. Furthermore, children who reported higher fear of abandonment were also more likely to report additional mental health problems 11 months later.

Before conducting this study, researchers hypothesized that kids who had strong relationships with one or both of their parents would experience less fear of abandonment and fewer mental health problems, since strong parent-child relationships generally create a stress buffer for children. However, they did not find a general buffering effect of parenting in this situation.

Karey O’Hara, a research assistant professor of psychology at ASU and the first author on the paper, stated “This was the most surprising finding for us. Good parenting is a very strong and powerful protective factor for all children, especially after a separation or divorce. But based on prior research, we know that the effect of good parenting is complicated in separated/divorced families.” She then added that although good parenting is protective, it may not be enough to cancel out the negative effects of conflict.

Parents can do something about it, though. In her research paper, O’Hara urges parents not to argue or fight in front of the children. She suggests that parents be extra careful when they’re around the other parent if there is a chance for conflict, and that parents make a conscious effort not to say things that might make their children feel like they are caught in the middle and have to pick sides. In other words, she suggests no badmouthing the other parent or asking the child to spy or act as a messenger.

It is also important, particularly given the findings of the study, “for parents to make sure that their children know that although they are separated or divorced, they will continue to care for them,” in order to allay any fears of abandonment that the child might have.

Going through a separation, a divorce, or a contested custody case can certainly be difficult for children that are experiencing it. If you are a parent who is going through, or has gone through, a divorce or separation, take Karey O’Hara’s advice and try to avoid conflict with your ex and putting your children in the middle as much as possible. And if you don’t feel like you can control and mitigate conflict on your own, there is no shame in seeking help—ultimately it will make you a better parent and your children happier and healthier.

By: Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

 

What You Post on Social Media CAN Hurt You In a Family Law Case

These days, most teens and adults have at least one social media page, whether it be on Facebook, Instagram, Twitter, Snapchat, TikTok, LinkedIn, or some other platform. Since so many adults have social media accounts, many attorneys have witnessed mistakes that have been made on social media which negatively impacted their family law case. In fact, we have won cases for our clients simply because of what an opposing party, in a moment of anger, posted on their social media.

You may wonder how what you post online can have a negative impact on your divorce or custody case. I’ll give you a few examples, some of which are based off of real cases that our firm has handled in the past:

  • In a spousal maintenance case, a husband claimed to be earning very little income, yet he posted on Match.com that he earned over $150,000 per year. This post was then used against him to show that he made more than he originally said he did.

 

  • In a custody case, a mother who denied doing drugs and partying was posting photos on Instagram in which she was at bars and nightclubs holding bottles of alcohol with others doing drugs in the background. This was then used against her in court when determining parenting time and legal decision making.

 

  • In a divorce case that started off amicably, a husband ranted on Facebook about his soon to be ex-wife after a heated argument. A mutual friend screenshotted the post and sent it to the wife, who became enraged and decided she no longer wanted to be amicable. This led to a litigation that went on for years and cost a great deal of money for both parties.

 

  • A mother posted photographs on Instagram of herself and her young daughter with Mother’s new boyfriend. An investigation turned up that the man had a long criminal record, including convictions for domestic violence and child abuse. Needless to say, the mother lost custody of that child.

 

  • In a high-conflict custody matter, an angry father made threats against the mother on his Facebook page, which resulted in the Court awarding mother sole custody with only limited supervised visitation for Father.

 

If you are active on social media, it’s important to learn the best practices while going through a family law case. Here are some important tips:

  1. Be careful who you add and accept on social media. We all want to have lots of friends and followers on social media, but some of these “friends” can hurt you. That follow-request that you accepted, despite not really knowing who they are, could be a private investigator or your ex on a burner account trying to see your posts. Consider making your accounts private and be careful whose requests you accept.
  2. Remove your ex from your social media page and consider removing their family and friends too. It is not uncommon for one of these types of “friends” or followers to pass along a copy of your comments or photos, and before you even suspect it, that post shows up in court and is used as evidence against you at trial. These types of “friends” or followers are often the ones who are looking into everything you say or do on social media and trying to find something damaging to your case.
  3. Don’t post when you are angry. Nothing good can come from posting while you are angry. Try and channel your anger into something positive, or vent to family, friends, or a mental health specialist. If you are concerned that you can’t control your posts when you are angry, it may be wise to take a break from social media until your case is over.
  4. Do not talk badly about your ex or their family and friends. It’s easy sometimes in the heat of the moment to post something negative about your ex. It may not even be something that is obviously towards them but could be something subtle and passive aggressive. These comments could be taken out of context, or otherwise used against you in a court hearing. No matter how subtle you think the message may be, it is never a good idea to post things about your ex or their family and friends.
  5. Do not talk badly about yourself, your family or friends, or provide information that could possibly be reflect negatively on you. Just as you shouldn’t post about your ex and their family and friends, you shouldn’t post about yourself and your family and friends either. Again, things can be misconstrued. I recently saw an old friend post something on Twitter to the effect of “the last year has taught me that nobody hates me more than I hate me.” If they were in a family law case, this post would absolutely be used against them, even if they were just joking and did not actually mean what they wrote.
  6. Do not post comments or photos of yourself, your family, or your friends doing anything illegal or which may appear to be illegal, inappropriate, or compromising. This pretty much speaks for itself, but don’t post anything that would very clearly negatively reflect on you, your family, or your friends. There is just no need to post the pictures of you at your office holiday party taking tequila shots with your boss. Keep those for yourself—or maybe don’t take those pictures at all.
  7. Do not post about your children. If you have kids, it’s best to keep them off of your social media pages altogether at this time. Of course, you should continue to share special moments and take photos with your kids. However, it may be beneficial to take a break from posting about them on social media until your case is over. While photos of you and your kids or posts about them may be totally acceptable at any other time, while there is a case going on, you are under a microscope. Certain photos could be misinterpreted or there could be something in them you don’t even notice that could be used to call your parenting into question. The same goes for the stories you tell or comments you make about your kids—you just never know how something may be interpreted.
  8. Do not post about your income, or really anything about money, at all. There is nothing good that can come from writing about your income or your money on social media! It’s really as simple as that!
  9. Do not discuss your case publicly on social media. Again, nothing good can come from posting about your case publicly on social media. It will not look good for you with the judge, and as always, something may be misinterpreted or taken the wrong way by your ex or their lawyer.
  10. Do not post information about conversations with your attorney. This could be construed as a waiver of your attorney-client privilege, making admissible things that were said in confidence to your lawyer. Just don’t do it!

Social media can be a really fun part of our lives. But as you can see, it can significantly impact many areas of a family law case in a negative way. As a rule of thumb, if you wouldn’t want a judge or your ex’s attorney seeing the post or photo, don’t post it! And if you are questioning whether you’d be okay with them seeing the post or photo, just don’t post it!

By Logan Matura

 

At the Law Firm of Gary J. Frank P.C., our Arizona Family Law Attorneys Gary Frank, Hanna Amar, and Logan Matura are strong litigators and compassionate counselors. Gary Frank is a Phoenix 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. Law firm Partner, Hanna Amar is a highly-skilled Arizona Family Law Attorney with a passion for Family Law and children’s issues. She has extensive courtroom experience, and is also a certified mediator. Hanna has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura is an Arizona Family Law Attorney who received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

 

ARIZONA’S PRESUMPTION OF EQUAL PARENTING TIME HURTS CHILDREN

Is Arizona’s presumption of equal or near-equal parenting time in the best interests of children? We think not.

Several years ago, revisions were made to certain Arizona Family Law statutes that guide the Court in making custody decisions involving children. These revisions have had a tremendous impact on how the Court determines custody, and in our opinion, it is not a positive one. The changes have resulted in Arizona now having what is essentially a legal presumption of equal decision-making and parenting time in every case that comes before the court. We believe this approach hurts children significantly more than it helps them. It is also unfair to both mothers and fathers.

When the Arizona Family Law statutes were revised, the following changes, among others, were made:

  • The word “custody” was replaced with the terms “Legal Decision-Making” and “Parenting Time.” (A.R.S. §25-403)
  • A provision was added providing that the court shall adopt a parenting plan “that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.” (A.R.S. §25-403.02)
  • The provision which, in determining custody, had previously required the Court to consider which parent had historically been the child’s primary caregiver, was removed, and replaced with a requirement for judges to consider: “the past, present, and potential future relationship between the parent and the child.” (A.R.S. §25-403[1])

On its face, the changes made might seem positive. It is absolutely true that children are more successful when both of their parents are loving, active, and involved. When a divorce or breakup occurs, the courts should work to make sure that loving, active, and involved parents share in decision-making, and that the children get to spend plenty of time with both of them. However, not all parents are loving, active, and involved, and unfortunately that is something the changes in the statutes failed to sufficiently address.

Since the changes were enacted, there has been a significant shift in the way decisions are made regarding legal decision-making authority and parenting time. Arizona Family Court judges do their very best to assure that the interests of children are protected, however, a judge is required to apply the law as it is written by the legislature and interpreted by the higher courts. In 2019 Woyton v. Ward, the Court of Appeals ruled that it was an error for the trial court to designate Mother as the primary residential parent of the child based on her historical role as the child’s primary caregiver. The court stated that “As a general rule equal or near-equal parenting time is presumed to be in the child’s best interests. Thus, the court errs, as a matter of law, when it applies a presumption against equal parenting time.”

This ruling was troubling, as it solidified the idea that there is a legal presumption of equal parenting time. If a presumption against equal parenting is wrong, why wouldn’t a presumption for equal parenting time be just as wrong? In our opinion, there should be no such presumption. The problem with a legal presumption is that it can only be rebutted by “clear and convincing evidence.” Proving a matter by clear and convincing evidence can be mountain to climb. As mentioned earlier, not all parents are created equal. Awarding parenting time based on a mere presumption, when one of the parents may not be nearly as nurturing, capable, or involved as the other is a serious mistake that can harm a child in the long run.

Although the ruling in the Woyton case was rather harsh, another Court of Appeals case published just this year, Gonzalez-Gunter v. Gunter, may ameliorate the presumption of equal parenting time to some degree. In that case, the Court affirmed that “as a general rule equal or near-equal parenting time is presumed to be in a child’s best interest,” but it then went on to state that: “The Family Court, however, has discretion to determine parenting time based on all the evidence before it.” The Court, in Gonzalez, explained that although judges may be limited on the conditions they can place on how a parent may exercise their parenting time (like ordering supervised visitation, for example), they are not limited in their right to unevenly allocate the amount of one parent’s parenting time, if necessary. In other words, judges are not required to order equal decision-making authority and parenting time if the parents are not equal in their ability to care for the child. But some judges still do.

The Gonzalez-Gunter case is an important departure from the ruling in the Woyton case. However, in many family law cases, the the distinction addressed in Gonzalez is being ignored and the courts are awarding equal parenting time, even where the parents are not equally competent, caring, and nurturing. This may be due to way some judges view the statutory requirement to consider the “potential” of the parent who has not provided equal care. But it can render the important “Best Interests of the Child” standard essentially a meaningless catchphrase. For now, it appears that that parents’ rights too often trump children’s rights in Arizona Family Court.

In addition to the fact that we do not believe equal parenting time should be a legal presumption, we also believe that a greater emphasis should be placed who has provided primary care of the child than on “the … potential future relationship between the parent and the child.” It is true that when a divorce occurs, a parent who may have been the a stay-at-home mom or dad will probably have to work, and the other parent will have to take on more responsibility with the children. However, the problem with focusing on the potential future relationship is that every relationship has the “potential” to be great, but many don’t turn out that way. Similarly, every uninvolved parent has the potential to change and become more involved, but it doesn’t mean that they will. The best predictor of a future relationship is past history, so emphasizing potential over the actual history of the relationship, or even giving it equal weight, can be a huge mistake. Ultimately, when a father or mother is awarded equal parenting-time and never lives up to their potential, it is the children who will truly suffer the consequences.

In our opinion, a parent’s potential should be one of the factors the judge considers in determining what is in the best interest of the child(ren), but we believe it was wrong for the Arizona Legislature to remove “which parent has been the primary caregiver of the child” from the list of factors in A.R.S. §25-403. Doing so indicates that the change to the statute may have been more political than really about children and their best interests.

The care of children is too important to make broad assumptions, let alone instituting legal presumptions regarding decision-making and parenting time. In the real world, parents are not always equal caregivers. Sometimes the mother is the more responsible parent; sometimes it is the father who is the nurturer and is in a better position to provide for the children’s needs; and in many cases both parents are loving, capable caregivers who are willing and able to co-parent their children (which is obviously the best scenario). This is why each case should be decided on its own merits.

We believe that the Court should start with a blank slate in determining the child(ren)’s needs and which parent is better equipped to provide for those needs. If both parents are equally equipped, then there should be an award of equal parenting time and decision-making. However, where the best interests of the child would be served by one of the parents being given the majority of the decision-making authority and/or parenting time, then the Court should be able to make that ruling without having to overcome a presumption. The needs of the child should always come first.

By Gary Frank & Logan Matura

 

At the Law Firm of Gary J. Frank P.C., Gary Frank, Hanna Amar, and Logan Matura 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. Law firm Partner, 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 has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

A PRESUMPTION OF EQUAL PARENTING TIME HURTS CHILDREN

Is Arizona’s presumption of equal or near-equal parenting time in the best interests of children? We think not.

Several years ago, revisions were made to certain Arizona Family Law statutes that guide the Court in making custody decisions involving children. These revisions have had a tremendous impact on how the Court determines custody, and in our opinion, it is not a positive one. The changes have resulted in Arizona now having what is essentially a legal presumption of equal decision-making and parenting time in every case that comes before the court. We believe this approach hurts children significantly more than it helps them. It is also unfair to both mothers and fathers.

When the Arizona Family Law statutes were revised, the following changes, among others, were made:

  • The word “custody” was replaced with the terms “Legal Decision-Making” and “Parenting Time.” (A.R.S. §25-403)
  • A provision was added providing that the court shall adopt a parenting plan “that provides for both parents to share legal decision-making regarding their child and that maximizes their respective parenting time.” (A.R.S. §25-403.02)
  • The provision which, in determining custody, had previously required the Court to consider which parent had historically been the child’s primary caregiver, was removed, and replaced with a requirement for judges to consider: “the past, present, and potential future relationship between the parent and the child.” (A.R.S. §25-403[1])

On its face, the changes made might seem positive. It is absolutely true that children are more successful when both of their parents are loving, active, and involved. When a divorce or breakup occurs, the courts should work to make sure that loving, active, and involved parents share in decision-making, and that the children get to spend plenty of time with both of them. However, not all parents are loving, active, and involved, and unfortunately that is something the changes in the statutes failed to sufficiently address.

Since the changes were enacted, there has been a significant shift in the way decisions are made regarding legal decision-making authority and parenting time. Arizona Family Court judges do their very best to assure that the interests of children are protected, however, a judge is required to apply the law as it is written by the legislature and interpreted by the higher courts. In 2019 Woyton v. Ward, the Court of Appeals ruled that it was an error for the trial court to designate Mother as the primary residential parent of the child based on her historical role as the child’s primary caregiver. The court stated that “As a general rule equal or near-equal parenting time is presumed to be in the child’s best interests. Thus, the court errs, as a matter of law, when it applies a presumption against equal parenting time.”

This ruling was troubling, as it solidified the idea that there is a legal presumption of equal parenting time. If a presumption against equal parenting is wrong, why wouldn’t a presumption for equal parenting time be just as wrong? In our opinion, there should be no such presumption. The problem with a legal presumption is that it can only be rebutted by “clear and convincing evidence.” Proving a matter by clear and convincing evidence can be mountain to climb. As mentioned earlier, not all parents are created equal. Awarding parenting time based on a mere presumption, when one of the parents may not be nearly as nurturing, capable, or involved as the other is a serious mistake that can harm a child in the long run.

Although the ruling in the Woyton case was rather harsh, another Court of Appeals case published just this year, Gonzalez-Gunter v. Gunter, may ameliorate the presumption of equal parenting time to some degree. In that case, the Court affirmed that “as a general rule equal or near-equal parenting time is presumed to be in a child’s best interest,” but it then went on to state that: “The Family Court, however, has discretion to determine parenting time based on all the evidence before it.” The Court, in Gonzalez, explained that although judges may be limited on the conditions they can place on how a parent may exercise their parenting time (like ordering supervised visitation, for example), they are not limited in their right to unevenly allocate the amount of one parent’s parenting time, if necessary. In other words, judges are not required to order equal decision-making authority and parenting time if the parents are not equal in their ability to care for the child. But some judges still do.

The Gonzalez-Gunter case is an important departure from the ruling in the Woyton case. However, in many family law cases, the the distinction addressed in Gonzalez is being ignored and the courts are awarding equal parenting time, even where the parents are not equally competent, caring, and nurturing. This may be due to way some judges view the statutory requirement to consider the “potential” of the parent who has not provided equal care. But it can render the important “Best Interests of the Child” standard essentially a meaningless catchphrase. For now, it appears that that parents’ rights too often trump children’s rights in Arizona Family Court.

In addition to the fact that we do not believe equal parenting time should be a legal presumption, we also believe that a greater emphasis should be placed who has provided primary care of the child than on “the … potential future relationship between the parent and the child.” It is true that when a divorce occurs, a parent who may have been the a stay-at-home mom or dad will probably have to work, and the other parent will have to take on more responsibility with the children. However, the problem with focusing on the potential future relationship is that every relationship has the “potential” to be great, but many don’t turn out that way. Similarly, every uninvolved parent has the potential to change and become more involved, but it doesn’t mean that they will. The best predictor of a future relationship is past history, so emphasizing potential over the actual history of the relationship, or even giving it equal weight, can be a huge mistake. Ultimately, when a father or mother is awarded equal parenting-time and never lives up to their potential, it is the children who will truly suffer the consequences.

In our opinion, a parent’s potential should be one of the factors the judge considers in determining what is in the best interest of the child(ren), but we believe it was a serious mistake for the Arizona Legislature to remove “which parent has been the primary caregiver of the child” from the list of factors in A.R.S. §25-403. Doing so indicates that the change to the statute may have been more political than really about children and their best interests.

The care of children is too important to make broad assumptions, let alone instituting legal presumptions regarding decision-making and parenting time. In the real world, parents are not always equal caregivers. Sometimes the mother is the more responsible parent; sometimes it is the father who is the nurturer and is in a better position to provide for the children’s needs; and in many cases both parents are loving, capable caregivers who are willing and able to co-parent their children (which is obviously the best scenario). This is why each case should be decided on its own merits.

We believe that the Court should start with a blank slate in determining the child(ren)’s needs and which parent is better equipped to provide for those needs. If both parents are equally equipped, then there should be an award of equal parenting time and decision-making. However, where the best interests of the child would be served by one of the parents being given the majority of the decision-making authority and/or parenting time, then the Court should be able to make that ruling without having to overcome a presumption. The needs of the child should always come first.

By Gary Frank & Logan Matura

 

At the Law Firm of Gary J. Frank P.C., Gary Frank, Hanna Amar, and Logan Matura 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. Law firm Partner, 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 has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura received her Juris Doctor degree from New York Law School in Manhattan, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

 

HOW TO SURVIVE THE HOLIDAY SEASON IN THE MIDST OF DIVORCE

The holiday season is supposed to be filled with joy, celebrations, and traditions. However, for those going through a divorce, it can be a dreaded time, filled with emotional pain, stress, and loneliness. And unfortunately, there is virtually no way to avoid being exposed to the constant ads, TV shows, billboards, and messages that highlight this “most wonderful time of the year,” making it all the more difficult. While going through a divorce during the holidays may, and likely will, be difficult, there are absolutely things you can do to lessen the emotional pain.

Give Yourself Room to Grieve

Going through a divorce is often compared to grieving a death. In many ways, the two are very similar. A good first step to take is to give yourself permission to grieve. It’s okay to feel sad, angry, or however you may feel. Don’t try to push these feelings away. You are entitled to be emotional!

Give yourself some time and space to work through these feelings. To help get through these feelings, you may want to start journaling, working with a therapist, or simply venting to a trusted confidant who can offer support. You will get through it, and you will be okay. 

Focus on Doing What’s Good for You

While the holidays can be super busy and stressful, be sure to make time this holiday season to take care of your physical, mental and emotional health

The holiday season typically coincides with cold and flu season, and this year, COVID-19 cases are on the rise too. This, along with the stress of going through a divorce, can run you down and make you more susceptible to catching something. Be sure to take care of yourself by getting plenty of rest, adequate exercise, and good nutrition (while of course enjoying some holiday treats)!

Mentally and emotionally, the holidays can be rough during a divorce, especially this year, when many are unable to be with friends and family. Make sure to take some time to do something for yourself, however you see fit. Maybe that means having a spa day at home, going for a long hike, or binge watching that popular Netflix show you’ve been dying to watch. Whatever self-care means to you, do it! If you feel good, you will be more likely to enjoy the holidays and bring more holiday cheer to others as well.

Surround Yourself with Support

 It can be tempting to crawl under the blanket and spend your first holiday without your ex sad and alone. There’s no reason to do that, though, and you are only punishing yourself. That’s not to say you can’t spend some holiday time alone, but don’t spend it all that way, if possible.

It is so important during the holiday times to surround yourself with supportive friends and family, especially while going through a difficult divorce. This year, it may be difficult to surround yourself with people in person, but even if it’s over FaceTime, Zoom, or Skype, it will help!

Spending time with family and friends can be a great distraction and can often help pull you out of a funk. And if you need a little extra help to get your holidays feeling merrier, be sure to ask for it—don’t wait for someone to guess what you need.

Identify Your Triggers

 When you are facing the holidays alone after divorce, it is crucial to try and identify what may trigger you, sending you into a sad, depressed, or hopeless state. And once you determine what that trigger is, try and avoid it! For example, if watching a specific holiday movie reminds you of your ex, don’t watch it! There are hundreds of other movies to choose from. If seeing cheery holiday TV advertisements brings up feelings of resentment, read a book instead (or, if you really want to watch TV, just mute it or turn it off during commercials).

Give yourself permission to avoid whatever it is you need to avoid, and don’t feel guilty for doing so. You need to do what’s best for you!

 Make New Traditions for Yourself

 With divorce comes so many changes. Some of these changes are uncomfortable, but some of these changes are good, and may perhaps even be fun. Be open to changing past traditions and/or adding some new ones. Any past traditions that were once wonderful, but now bring up negative emotions, can be done away with and replaced by new and exciting activities. Try and figure out what new tradition you can introduce this holiday season to keep things light, happy, and fun.

Also, consider buying yourself a holiday gift. Odds are, you won’t be exchanging gifts with your ex this year. Since your gift giving list has decreased by at least one, why not add yourself to the list? If you do, you’ll be able to buy yourself something that you know you will truly enjoy this holiday season.

Look for the Lesson Hold on to Hope

I recently read an article that analogized divorce to a great movie. It explained how in a movie, there are elements of suspense, sadness, joy, pain, and anticipation before the happy ending. The author explained that this is similar to divorce. There will be good times and bad, and while things may look down when you’re in the midst of it, eventually things will get better. It’s so true!

Another way that divorces and movies are similar is that they both have a lesson you may not figure out until the end. While it may be difficult, try and find the lesson through your grief. Try and figure out what you can learn through this painful time, and how you can grow from it. Figure out how you can change your outlook and think beyond your current situation.

Find the positives in this difficult situation, and really just in life. Remember what you have to be grateful for and strive to make each day great in whatever way you can. Before you know it, this difficult time in your life will be over, and you will find your happy ending.

By Logan Matura

 

 

At the Law Firm of Gary J. Frank P.C., Gary Frank, Hanna Amar, and Logan Matura 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. Law firm Partner, 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 has also acted as the President of the Young Lawyer’s Division of the Maricopa County Bar Association. Associate Attorney Logan Matura received her Juris Doctor degree from New York Law School in Manhatten, NY. While in law school, she served as an intern for a Family Court judge in the Bronx, NY, and was a member of the Family Attorneys Mobilizing club. Our firm handles 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 step-parent and non-parent rights, as well as 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.

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