Sunday, June 17, 2012
COURTS ARE BEGINNING TO RECOGNIZE THE CONTRIBUTION OF FATHERS
There was a time when fathers were typically given "visitation" with their children, and rarely received custody. But things are changing. Today, joint custody is becoming the norm. Courts are beginning to realize that, like mothers, fathers can be nurturers, and that children benefit from the contributions of both parents.
But as the law evolves, we need to take care not to attempt to fit custody cases into a one-size-fits-all model. For instance, some states are considering a "cookie-cutter" approach that would become the "default" custody arrangement in every case. In my opinion, that would be unfair to all concerned. Every family is unique. Every custody matter is different. Therefore, each case should be judged on its own facts; each parent should be judged on his or her own merits; and the Court should fashion a parenting plan that is in the best interests of the children.
Gary Frank is an Arizona Family Law Attorney who has been a fixture in the prestigious Biltmore area of Phoenix, Arizona for over thirty years. The law Office of Gary J. Frank handles divorce cases, as well as custody, relocation/move-away, spousal support, child support, Paternity, Grandparents' and Non-Parents' rights cases, modification actions, enforcement actions, and all other matters related to Family Law. If you are in need of a consultation, we'd love to talk to you. Please call us today. You can reach us at 602-383-3610, or contact us by email at gary.frank@azbar.org. To learn more about our firm, take a look at our web site at www.garyfranklaw.com. We look forward to helping you.
Wednesday, June 13, 2012
IT'S NOT OVER 'TIL IT'S OVER
It is not at all surprising that when one spouse files for a divorce, the other sometimes continues to hold out hope for a reconciliation, believing that the marriage is not irretrievably broken. But what may surprise you is that Arizona law gives that person an opportunity to make one last stab at fixing the relationship.
Arizona Revised Statutes, Section 25-329 provides that the Court shall not hold a trial, nor finalize a divorce, within sixty (60) days from the date that the divorce papers are served. Attorneys and judges often refer to this as a "cooling off" period, since it is intended to prevent people from angrily rushing into a divorce that they might later regret. This mandatory "cooling off" period allows the parties to take some time to reflect, to talk, and to consider other options, such as marital counseling. This sometimes leads to the parties getting back together and dropping the divorce action. Just today, in the news, was a report of basketball player Kobe Bryant and his wife putting their California divorce "on-hold" after having used the statutory "cooling off" period to work on their problems.
A spouse wishing to avoid a divorce has another alternative under Arizona law: A.R.S., Section 25-381.09, states that a person who wants to try to salvage his or her marriage may file "a petition invoking the jurisdiction of the Conciliation Court for the purpose of preserving the marriage by effecting a conciliation between the parties." Filing a motion under this statute will result in the case being transferred to the Conciliation Court. The divorce case will be placed on hold for a period of time, and the parties will be required to attend what amounts to a marital counseling session.
Arizona is a no-fault divorce state. Thus, if one party to a marriage wishes to be divorced, there is little the other spouse can do to prevent it. However, the statutory "cooling off" period, and the ability to ask for a transfer of the case to the Conciliation Court for counseling, are ways in which a spouse can make one final effort to repair the relationship and put the marriage back together.
Gary Frank has practiced Family Law in the prestigious Biltmore area of Phoenix, Arizona for over thirty years. In addition to representing clients in divorce, custody, paternity, enforcement, modification, move-away, grandparent rights, non-parent rights, and other Family Law matters, Mr. Frank has also acted as a Mediator and a Superior Court Judge Pro Tem. If you are in need of a consultation, please give us a call today at 602-383-3610. You can contact us by email at gary.frank@azbar.org, or through our web site at www.garyfranklaw.com. We'd be happy to help you.
Arizona Revised Statutes, Section 25-329 provides that the Court shall not hold a trial, nor finalize a divorce, within sixty (60) days from the date that the divorce papers are served. Attorneys and judges often refer to this as a "cooling off" period, since it is intended to prevent people from angrily rushing into a divorce that they might later regret. This mandatory "cooling off" period allows the parties to take some time to reflect, to talk, and to consider other options, such as marital counseling. This sometimes leads to the parties getting back together and dropping the divorce action. Just today, in the news, was a report of basketball player Kobe Bryant and his wife putting their California divorce "on-hold" after having used the statutory "cooling off" period to work on their problems.
A spouse wishing to avoid a divorce has another alternative under Arizona law: A.R.S., Section 25-381.09, states that a person who wants to try to salvage his or her marriage may file "a petition invoking the jurisdiction of the Conciliation Court for the purpose of preserving the marriage by effecting a conciliation between the parties." Filing a motion under this statute will result in the case being transferred to the Conciliation Court. The divorce case will be placed on hold for a period of time, and the parties will be required to attend what amounts to a marital counseling session.
Arizona is a no-fault divorce state. Thus, if one party to a marriage wishes to be divorced, there is little the other spouse can do to prevent it. However, the statutory "cooling off" period, and the ability to ask for a transfer of the case to the Conciliation Court for counseling, are ways in which a spouse can make one final effort to repair the relationship and put the marriage back together.
Gary Frank has practiced Family Law in the prestigious Biltmore area of Phoenix, Arizona for over thirty years. In addition to representing clients in divorce, custody, paternity, enforcement, modification, move-away, grandparent rights, non-parent rights, and other Family Law matters, Mr. Frank has also acted as a Mediator and a Superior Court Judge Pro Tem. If you are in need of a consultation, please give us a call today at 602-383-3610. You can contact us by email at gary.frank@azbar.org, or through our web site at www.garyfranklaw.com. We'd be happy to help you.
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