Child Protective Services (CPS) is an Arizona agency mandated under ARS §8-802 for the protection of children alleged to be abused and neglected. “Alleged” is a very important term, and every allegation of abuse or neglect must be investigated by CPS. While most allegations are ultimately dismissed as unfounded or unsubstantiated after a brief interview with the parents and/or the child, other allegations are in fact substantiated.
Archive for 2010
CPS – Navigating Troubled Waters
29 December 2010 by | Child Custody, Domestic Violence, Family Law | No CommentsAddictions and Child Custody
10 December 2010 by | Child Custody, Divorce, Family Law | No CommentsMany of us see the family-law battles of the rich and famous play out daily in newspapers and tabloids. This week we see Charlie Sheen’s soon-to-be ex-wife, Brooke Mueller, entering a rehab facility to deal with an addiction that according to sources close to her, she has dealt with for many years.
Mel Gibson and Child Support
21 October 2010 by | Child Support, Family Law | No CommentsWow, you thought you had a high child support order. Mel Gibson was recently ordered to start paying the mother of his child an additional $15,000 per month, bringing his child support order up to $20,000 per month.
Child Custody and Religion
18 October 2010 by | Child Custody, Family Law | No CommentsI recently represented a Father in a contested child custody case where the primary issue in dispute was the religion of the parents. The Mother argued that because Father’s religion was so doctrinally different from hers, the child would be “harmed” by being exposed to the two conflicting religions.
When is it in a child’s best interest to terminate parental rights?
23 August 2010 by | Adoption, Child Custody, Family Law, Mediation | No CommentsWhile most of us would like to assume that the best person to provide care for a child is one – if not both – of that child’s parents, this simply is not always the case. Take, for example, a parent who means well, but who is challenged with debilitating mental health issues. Or, similarly, take a parent who struggles with a chronic chemical dependency. A child under the care of such a parent could very well be unsafe, and could possibly benefit from the parenting of somebody who is better equipped to act as a parent.
Mediation: The Alternative to Contested Divorce
19 August 2010 by | Divorce, Family Law, Mediation | No CommentsMarriages do not end because spouses are getting along too well. And, a marriage that ends in dispute many times leads to a legal battle that only increases the amount of conflict and stress felt by all parties. Unfortunately, Arizona divorce law is designed to be adversarial in nature. When one spouse is pitted against the other in an adversarial proceeding , the parties many times overlook the possibility of reaching common ground and mutually acceptable positions.
Clearinghouse Fee Changes Effective July 1, 2010
4 August 2010 by | Child Support, Family Law, Spousal Maintenance | No CommentsThose of you who have an active Arizona child support or spousal maintenance case may have noticed a change in the Arizona Support Clearinghouse fee structure. On March 18, 2010, Governor Jan Brewer signed House Bill 2011, a bill that addresses the budget issues currently facing the State of Arizona. The support clearinghouse fee increase is part of that bill and the fee increase went into effect July 1, 2010.
What is Domestic Violence?
2 August 2010 by | Domestic Violence, Family Law | No CommentsIn a recent blog, I discussed Orders of Protection and how to obtain one if you are a victim of domestic violence. But what is considered an act of “domestic violence”? Some forms of domestic violence are obvious, such as hitting, pushing, or otherwise physically striking another person. Other forms of domestic violence may be less obvious, such as verbal threats, intimidation, harassment and stalking.
Establishing Paternity in Arizona
29 July 2010 by | Child Custody, Child Support, Family Law, Paternity | No CommentsDid you know that in Arizona, just listing a father’s name on a birth certificate is not sufficient to establish paternity? If a child’s parents were not married when the mother became pregnant or when the child was born, that child has no legal father until paternity is established. This can become a serious issue for couples who never marry but have children together.
Are You a Victim of Domestic Violence or Abuse? Steps to Getting an Order of Protection
27 July 2010 by | Domestic Violence, Family Law | No CommentsOrders of Protection (also sometimes referred to as restraining orders) prohibit one person from contacting another. They are used many times in situations of domestic violence and/or abuse. To obtain an order of protection in Arizona, the abusive party must have one of the following relationships with the person who is seeking the Order:
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