arizona family law – Page 2

Three Parent Birth Certificates: Extending Rights Beyond the Two-Parent Family

By Markus Risinger and Mallory Scott With a new generation of parents deciding to explore familial arrangements outside the traditional two-parent family, a multitude of issues relating to custody and caretakers have also emerged within the past decade. In California, a 2013 law allowed for more than two individuals to be recognized as parents of […]

Understanding Arizona’s Juvenile Emancipation Statutes

By Brad TenBrook and Mallory Scott What motivates a child to become an emancipated minor? The most common example that comes to mind is probably the child actor or performer with substantial assets, hoping to break away from parental interference. However, seeking emancipation does not guarantee clear-cut results, as parents still have a right to […]

Applying Emancipation to Working Minors and “Kidfluencers”

By Mallory Scott Although the issue of emancipation versus parental involvement has evolved to include a new set of circumstances in the social media influencing space, the core issue is the same: If a minor can work in the same capacity as an adult, then how many adult freedoms are they entitled to outside of […]

Munchausen Syndrome in the Digital Age

Recently, there was an article in the national news titled: “What Could Lead to a Mother Catfishing Her Own Daughter?” Missing from this intriguing headline was the complex psychological framework surrounding the incident referenced, wherein a Michigan mother was charged for her role in a cyber version of Munchausen’s Syndrome by Proxy (MSBP), known as […]

The DCS and Criminal Investigation Dilemma

Originally published in the Maricopa County Bar Association Criminal Law Newsletter Spring 2023 edition on March 21, 2023. By Sabra Barnett and Isabel Ranney As criminal defense attorneys, we understand the importance of ensuring out clients do not make incriminating statements. When in doubt, we are quick to advise our clients to invoke their 5th […]

Adoption, Visitation, and Undoing Sheets v. Mead

This article was initially published in the Arizona Attorney magazine on February 1, 2023. By Markus Risinger, Taylor Young, and Isabel Ranney When construing a statue, judges can be quick to shift responsibility to the legislative branch. Many litigators have heard from the bench that their argument is with the Legislature, not the Court. This […]

Fast-Tracked Termination: What is Happening in Arizona

By Woodnick Law Once a child is born, its parents are endowed with a “fundamental right to parent.” This means that like other fundamental rights (e.g. right to privacy, right to marry), there is a higher scrutiny placed on any attempts to interfere with that right and the presumption is that the right will remain […]

Racial Disparity in Arizona DCS Investigations Receives National Attention

By Woodnick Law, PLLC Conscious or unconscious, racial bias affects all aspects of life. The caseworkers and child welfare investigators (OCWIs) that make up the Department of Child Safety (DCS) are not immune from these biases. A recent article from ProPublica, which has received national attention, addresses how these biases have culminated in a disproportionate […]

A Position of Trust III: When Members of the Clergy Fail to Report Child Abuse

By Gregg Woodnick and Isabel Ranney The conversation between an individual and a member of the Clergy during a spiritual confession is sacrosanct. It is a time when the person confessing should feel that they can speak freely, without fear of reprisal. This act of confession is so valued that Arizona law permits members of […]

A Position of Trust II: Teachers Facing Prosecution for Failure to Report Child Abuse

By Gregg Woodnick and Isabel Ranney When mandatory reporters fail to report suspected child abuse, they are complicit in letting the abuse continue. Educators, in particular, have such a unique and consistent level of interaction with children that makes them a reliable source of child abuse/neglect reports. Due to this, nearly all states, including Arizona, lists […]