Leather Law Office

New Custody Statutes in Place

In my September 14, 2012, blog, I set out, in some detail, the changes that were coming with regard to the custody statutes.  They have now arrived, and while still very early, some issues are being clarified.  One of the issues in the September 14, 2012, blog, was the issue of “personal care decisions”.  It appears that there is now discussion that same mean life altering type of personal care decisions, that could be made by the sole legal decision maker (the old sole custody order) or jointly if there is a joint legal decision making (the old joint custody orders)  in place.  There seems[…] Read More ›

Posted in Articles on January 16th, 2013

CHANGES IN CUSTODY STATUTES, COMING JANUARY 1, 2013

Major changes are coming to the custody statutes effective January 1, 2013.  The new statutes will replace the term “custody” with the term “legal decision making” in the Arizona Revised Statutes title 25.   Thus, we now have either a parent designated as the “sole legal decision maker”, or, the parties are designated to have “joint legal decision making” authority.   Regardless of whether it is sole or joint legal decision making, “legal decision making” means the legal right and responsibility to make all non emergency legal decisions for a child, including those regarding education, healthcare, religious training, and personal care decision.  The addition of “personal care[…] Read More ›

Posted in Articles on September 14th, 2012

ORDERS OF PROTECTION / MISDEMEANOR CHARGES – WATCH OUT!

One should not hesitate to apply for an Order of Protection or an Injunction Against Harassment, if the factual scenario is appropriate.  The Order of Protection statutes, set forth in A.R.S §13-3602  play a very important part with regard to keeping parties safe during tumultuous and acrimonious divorce proceedings, custody proceedings, etc.  See also the Arizona Rules of Protective Order Procedure. However, it is becoming  part of a family law practice to encounter Orders of Protection and Injunctions Against Harassment that are being  used as custody orders, and used to deny one parent any parenting time or contact with one’s children. If you are served[…] Read More ›

Posted in Articles on August 31st, 2012

Modification of Out of State Child Support Order

Do you have an out of state child support judgment that needs to be modified in Arizona? An issue that has come up in several cases recently is one that all parties and attorneys should be aware of.  It involves how to modify an out of state child support judgment in the Arizona courts and the procedure to do so. The most common scenario is where the payee (person receiving child support) resides in Arizona with the child(ren) and the payor (person making the payments) resides outside the State of Arizona.  The parties have an out of state child support order either as part of[…] Read More ›

Filing a Response

If you have already been served with a petition for divorce, petition to establish paternity, child custody, parenting time, child support, or petition for modification of child custody, parenting time, and/or support, you will need to file a response.  Depending on where you were served you have a specific amount of time to file a response. If you were within the State of Arizona you have 20 days from date of service, outside of the State of Arizona you have 30 days.  You should meet with an attorney for a consultation to review the documents you have been served with and discuss your options. A[…] Read More ›

Posted in Articles on March 23rd, 2012