Arizona Family Law Laws

Who is Required to Report Child Abuse in Arizona?

Kip Micuda

 

State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.

By: Attorney Kip Micuda

State law requires that any person who has a reasonable belief that a child is a victim of intentional physical injury, abuse or neglect, report their beliefs to either law enforcement or child protective services. Other people that have a mandate to make reports to Child Protective Services are medical providers, mental health providers, parents, guardians, educators and law enforcement. When a report is made, perhaps the easiest thing to do is to actually call child protective services at 1-888-SOS-CHILD. When you make a report, you should expect to give CPS contact information about the child’s parents, identification information about the child, and of course the nature of the allegations that are being made. If you’d like to talk to me further about your question as to reporting abuse or neglect to child protective services, please give me a call at Hildebrand Law. (480) 305-8300. Thank you.

By: Attorney Kip Micuda

Prenuptial Agreements - Social Media Clause | Phoenix Divorce Laws

Jason Castle

 

Prenuptial Social Media Clause

Hi. I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense. Prenuptial agreements have grown in popularity over the last few years. Prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover.

One example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate prior to the marriage how social media will be utilized during the marriage and in the event of a divorce. You can outline, for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.

Posting Private Photos & Videos

I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera, and the concerns that arise at the point of a divorce when one of the parties decides to post that information on the Internet for the world to see. In the event that you’ve thought of this beforehand and you had a social media clause, you could preclude that, and you could also include sanctions and methods for you to remove the materials from the Internet once it does occur.

By: Jason Castle

Prenuptial Social Media Clause

Hi. I’m Jason Castle. I’m a partner at Jaburg & Wilk. My practice areas focus on family law and criminal defense. Prenuptial agreements have grown in popularity over the last few years. Prenuptial agreements are agreements that become effective at the date of marriage. They’re very broad in what they can cover.

One example of that is a social media clause which is also fairly new and growing in popularity. A social media clause in your agreement would negotiate prior to the marriage how social media will be utilized during the marriage and in the event of a divorce. You can outline, for example, what can and cannot be posted on social media websites. You can also determine who is going to control photos and information that is recorded during your marriage.

Posting Private Photos & Videos

I recently wrote an article about couples that have engaged in private moments and recorded them on film or camera, and the concerns that arise at the point of a divorce when one of the parties decides to post that information on the Internet for the world to see. In the event that you’ve thought of this beforehand and you had a social media clause, you could preclude that, and you could also include sanctions and methods for you to remove the materials from the Internet once it does occur.

By: Jason Castle

What Does Dissolution of Marriage & Serving the Petition Mean | Phoenix Divorce Attorney

Jason Castle

 

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk and my practice areas are family law and criminal defense.

Petition for Dissolution of Marriage

A petition for dissolution of marriage is the initial formal document that starts the legal proceeding. The petition will typically set forth the jurisdiction, which gives the court the power and authority to rule on your issues. Then, it will set forth the issues that you have outstanding.

For example, if you have children you’re going to include that you want decision making power, you want parenting time. It will also set forth what you’re wanting as a final resolution. In a divorce action you’re wanting to get divorced, so you want the marriage to be dissolved.

Serving a Petition

To serve a petition is actually a formal process. In a general sense, it’s to make sure that the opposing party has notice of the action. I get a lot of clients that come in and they want to just hand the other spouse the documents and they think that that’s service. That is not effective legal service. Legal service requires a service processor who is certified to either serve it or for a person to waive service, which is a form they would sign and it would be filed with the court.

By: Jason Castle

Introduction

My name is Jason Castle. I’m an attorney at Jaburg Wilk and my practice areas are family law and criminal defense.

Petition for Dissolution of Marriage

A petition for dissolution of marriage is the initial formal document that starts the legal proceeding. The petition will typically set forth the jurisdiction, which gives the court the power and authority to rule on your issues. Then, it will set forth the issues that you have outstanding.

For example, if you have children you’re going to include that you want decision making power, you want parenting time. It will also set forth what you’re wanting as a final resolution. In a divorce action you’re wanting to get divorced, so you want the marriage to be dissolved.

Serving a Petition

To serve a petition is actually a formal process. In a general sense, it’s to make sure that the opposing party has notice of the action. I get a lot of clients that come in and they want to just hand the other spouse the documents and they think that that’s service. That is not effective legal service. Legal service requires a service processor who is certified to either serve it or for a person to waive service, which is a form they would sign and it would be filed with the court.

By: Jason Castle

Sole Legal Custody | Scottsdale Family Law

Alan Cochran

 

Sole Legal Custody in Scottsdale

A parent granted sole custody, now referred to as sole legal decision-making, has the authority to make final decisions regarding the major life decisions affecting the parent’s children. Such as where the children will attend school, the healthcare the children receive, and the extracurricular activities the children will participate in regardless of the opinion of the other parent.

The other parent is still entitled to obtain information regarding his or her children’s performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody means the right and responsibility to make decisions for children, barring any specific court orders to the contrary.

Sole legal decision-making provides one parent to make the final decision on big day to day decisions for the children’s care and welfare without consulting the other parent, including education, medicine, and religion.

Why Courts Award Sole Custody

Examples where the court may award sole legal decision-making, would include those times where you have drug and alcohol abuse by one parent or the other, substantial child neglect or abuse claims, or convictions, domestic violence where the children were present, harmed, or in danger. As well as child endangerment, including DUIs while having the children in your car.

Major Decision Exceptions

The visitation parent is expected by the court to conform to big decisions by the sole legal decision-making parent in all day to day decisions when children are with him or her. The exception to that would be private school. Sole legal decision-making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private-schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.

School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records. Those records are available through the sole legal decision-making parent or from the provider of the service. Except in cases where courts find giving one parent access to records creates a danger to the children. If you are in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at 480-305-8300 to schedule an appointment.

By: Alan Cochran

Sole Legal Custody in Scottsdale

A parent granted sole custody, now referred to as sole legal decision-making, has the authority to make final decisions regarding the major life decisions affecting the parent’s children. Such as where the children will attend school, the healthcare the children receive, and the extracurricular activities the children will participate in regardless of the opinion of the other parent.

The other parent is still entitled to obtain information regarding his or her children’s performance in school, performance in extracurricular activities and healthcare from the other parent or directly from the provider of those services. Legal custody means the right and responsibility to make decisions for children, barring any specific court orders to the contrary.

Sole legal decision-making provides one parent to make the final decision on big day to day decisions for the children’s care and welfare without consulting the other parent, including education, medicine, and religion.

Why Courts Award Sole Custody

Examples where the court may award sole legal decision-making, would include those times where you have drug and alcohol abuse by one parent or the other, substantial child neglect or abuse claims, or convictions, domestic violence where the children were present, harmed, or in danger. As well as child endangerment, including DUIs while having the children in your car.

Major Decision Exceptions

The visitation parent is expected by the court to conform to big decisions by the sole legal decision-making parent in all day to day decisions when children are with him or her. The exception to that would be private school. Sole legal decision-making parent cannot require the other parent, known as a visitation parent, to contribute to the cost of private-schooling if enrolled without the consent of the visitation parent or the court per the child support guidelines.

School records are also an area where both parents have access to records regarding the children, including medical records, school and extracurricular activity records. Those records are available through the sole legal decision-making parent or from the provider of the service. Except in cases where courts find giving one parent access to records creates a danger to the children. If you are in need of a professional or experienced attorney to represent you and your children’s best interest in any family law matter, please call Alan Cochran at Hildebrand Law PC at 480-305-8300 to schedule an appointment.

By: Alan Cochran

How Much Spousal Maintenance Will I Receive | Arizona

Laurence B. Hirsch

 

Arizona Dissolution of Marriage Law Implications

Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Talking about spousal maintenance, the great grey area in Arizona Dissolution of Marriage Law.

Spousal maintenance has no guidelines. It’s one of the keys that anybody has to understand. So, when a client asks me, what am I going to see receiving spousal maintenance, it’s almost impossible to tell them and there’s lots of reasons why but I want to relate a story. I help teach younger attorneys how to put on divorce trials. I remember one time we were doing this we had a panel of judges who came in to sit at our mock trial. We had five judges. We presented the exact same case, of course, to all five judges. All five judges had a different ruling on how much spousal maintenance the spouse was going to get and how long the spousal maintenance term was going to last. I like to tell that story because clients will ask all the time, how much am I going to pay in spousal maintenance? How much am I going to receive in spousal maintenance? The answer is always: “it depends”. That’s why we call it the great grey area.

There are a myriad of factors that play in to not only whether or not one is entitled to spousal maintenance but more specifically how much spousal maintenance one will receive and for how long.

By: Laurence B. Hirsch

Arizona Dissolution of Marriage Law Implications

Hi. My name is Larry Hirsch, and I practice exclusively in the domestic relations group at Jaburg & Wilk. Talking about spousal maintenance, the great grey area in Arizona Dissolution of Marriage Law.

Spousal maintenance has no guidelines. It’s one of the keys that anybody has to understand. So, when a client asks me, what am I going to see receiving spousal maintenance, it’s almost impossible to tell them and there’s lots of reasons why but I want to relate a story. I help teach younger attorneys how to put on divorce trials. I remember one time we were doing this we had a panel of judges who came in to sit at our mock trial. We had five judges. We presented the exact same case, of course, to all five judges. All five judges had a different ruling on how much spousal maintenance the spouse was going to get and how long the spousal maintenance term was going to last. I like to tell that story because clients will ask all the time, how much am I going to pay in spousal maintenance? How much am I going to receive in spousal maintenance? The answer is always: “it depends”. That’s why we call it the great grey area.

There are a myriad of factors that play in to not only whether or not one is entitled to spousal maintenance but more specifically how much spousal maintenance one will receive and for how long.

By: Laurence B. Hirsch

Does the Court Consider Separate Property When Determining Alimony | Phoenix Divorce Laws

Erik Bergstrom

 

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

4 Factors to Determine Alimony Eligibility

In Arizona, alimony is called spousal maintenance. There are four specific criteria that the court must evaluate in determining whether a spouse is entitled to spousal maintenance, and the central theme is whether the requesting spouse can provide for his or her reasonable needs.

Separate & Community Property

In determining whether a spouse can meet his or her needs, the court can consider that spouse’s sole and separate property, along with any community property that is awarded to that spouse as part of the divorce. If the court determines that one spouse is entitled to spousal maintenance, the court then considers all other relevant factors, including thirteen specific statutory factors to determine the amount and duration of the award.

Determining Amount & Duration

The factors that potentially relate to separate property include the following: the ability of the paying spouse to meet his or her own needs and still pay something to the other spouse; the comparative financial resources of each spouse; and the ability of the parties to contribute to the future educational costs of their common children. So, separate property can be considered both when determining if a spouse is entitled to spousal maintenance and if so, the amount and duration of the award. If you would like more information, please contact me.

By: Attorney Erik Bergstrom

Am I Required to Report Child Abuse | Scottsdale Child Abuse

Chris Hildebrand

 

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

Reporting Child Abuse in Scottsdale

Hello, I want to speak today about whether you are required to report child abuse and if so to whom you report that concern about child abuse. Unless you are a mandatory reporter or the care provider for a child, you do not have an obligation to report a suspicion of child abuse to law enforcement or child protective services.

Mandatory Reporters

Although, as parents and members of our community, we would hope that we would all report any concerns of abuse you may not be required to do so. A mandatory reporter in the state of Arizona however, must always report a concern of child abuse.

Mandatory reports include, but are not limited to teachers and school personal, medical personal such as nurses and doctors, counselors and psychologists, any care giver for a child, such as a day care provider or any other person who is in the position of caring for a child. If you have any other questions regarding whether you have a duty of reporting suspected child abuse, please feel free to contact me.

For more information on whether or not you are required to report child abuse in Arizona, please contact a Scottsdale child abuse lawyer.

By: Chris Hildebrand

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