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Update on the Case: DCS Interview without Parental Consent

In February, the Department of Child Safety interviewed a child for a child neglect investigation without parental consent. This caused much debate, with the parents (and the Ombudsman) arguing that DCS lacked legal authority to interview their child without consent.  DCS countered by pointing out that the Department routinely interviews children in neglect cases by justification of an agency policy (and notwithstanding the legal prohibition against interviews in those types of investigations).

To Catch a Predator: Scottsdale Edition

Two weeks ago, six men were arrested by Scottsdale police after an undercover prostitution sting. According to court documents, the Scottsdale police placed “escort” ads on backpage.com and other websites, and the men responded looking for sex with underage girls. The men arrived at the place they believed to be meeting the girls and were arrested by police, who had set up an operation at the nearby Scottsdale airport.  The “escorts” were, in fact, undercover police officers or actresses pretending to be below the age of majority.

Grey Divorce: Divorcing when you are over 50

The “gray divorce,” the term for a divorce involving a couple past age 50, is beginning to gain traction as more Baby Boomers seek Family Court intervention.  According to a Bowling Green University study, one in four Americans going through divorce is over 50. The study also said that the divorce rate for people 50 and older doubled from 1990 to 2010.

Why you Should Consider a Post-Nup

Two weeks ago, six men were arrested by Scottsdale police after an undercover prostitution sting. According to court documents, the Scottsdale police placed “escort” ads on backpage.com and other websites, and the men responded looking for sex with underage girls. The men arrived at the place they believed to be meeting the girls and were arrested by police, who had set up an operation at the nearby Scottsdale airport.  The “escorts” were, in fact, undercover police officers or actresses pretending to be below the age of majority.

Update: Mesa Duct Tape Case: Have you heard?

A court case in Mesa has sparked a lot of controversy, where a man and the mother of a 3 year-year-old girl are being charged with multiple felonies after the girl was was found duct-taped and covered in feces inside of a closet, according to the Maricopa County Attorney’s Office.

Out of Wedlock Children and Family Court

The number of children being born out of wedlock is starting become fairly common among many parts of the world, especially in America. Married couples who have children and later end their relationship know that they have to get a court document to officially enter into a divorce and determine legal decision making, parenting time and child support matters. However, this is not so obvious, or common, for never married couples.  But, as rates skyrocket, it is important for those never married couples to realize that they should be thinking about and entering into legal orders regarding the rights and responsibilities for their children.

Forgetting Something? The Forgotten Assets of Divorce

Most people going through a divorce know that they will need to divide their assets and debts accumulated during their marriage.  Most people likely also understand that this can include the house they are living in, the bank account they use to pay their bills, the pots and pans in the kitchen, and that joint credit card.  But, it is important to know that the community may include many other nuanced and not-so-obvious assets and debts.

Divorce 101: Acronyms and Terms Decoded

Family court can often seem like you are entering a world with a different language. Many new legalese terms and acronyms are used in the field of family law. Here are some frequently used acronyms decoded:

The Huxtable Divorce: Pop Culture Series

Everyone remembers Cliff and Claire Huxtable and their kids living a chaotic yet loving life. TV has the ability to show humor and conflict and wrap it all up in a bow in less than 30 minutes. But what if the Huxtable marriage fell apart like nearly half of all marriages in America?

Did the DCS/CPS Caseworker Really Just Tell Me That I Don’t Need a Lawyer?

Something that has confounded me since day one of practicing law in Phoenix, and all throughout the state of Arizona, is that DCS case managers frequently tell parents they are investigating for child abuse or neglect that they do not need a lawyer.  Sure, the early stages of their investigation may not involve the Juvenile Court or the DCS lawyer (Arizona Attorney General’s Office), but it does involve the parents’ constitutionally protected, fundamental right to parent their children.