Tag: family law

Defending Child Abuse Allegations in Arizona State and Federal Court

Published in the Maricopa Lawyer Family Law Section December 2023 edition.  By Sabra Barnett  As a former Assistant Federal Public Defender, I have experience representing clients accused of crimes ranging from gun charges and interstate drug trafficking to complex financial matters involving interstate wire transfers.  I always appreciated practicing in Federal court because of the tremendous caliber of […]

In the News: Lack of Discovery Revealed in Thousands of DCS Cases

By Woodnick Law Originally reported by 12News on August 21, 2023. On August 21, 2023, a letter from the Division Chief Counsel representing the Department of Child Safety (DCS) went out to all Presiding Judges across the state of Arizona. The letter requested that they “suspend any trials and severance proceedings” set in the next […]

To Appeal or Not to Appeal

By: Markus Risinger This article was initially published July 14, 2020.  Advising a client after a trial ruling can feel like trying to close a barn door after the horse has bolted. Clients frequently come to me disappointed with a court ruling and wanting to know how they can get their case revisited by a […]

Supreme Court to Revisit Gun Ownership and Domestic Violence Cases

By Mallory Scott Often, in the wake of gun violence, politicians and commentators say that stricter background checks should become enacted to restrict dangerous individuals from owning the weapons used to perpetrate these crimes. States across the country have enacted various laws intended on restricting firearms access. Recently, the Supreme Court accepted an appeal from […]

Faith, Homeschooling, and the Impact on Families

By Mallory Scott  The ability to freely worship is one of the fundamental aspects of the American national identity. However, a fine line exists between enthusiastic practice and severe overcommitment to a religion that may eventually become dangerous behavior. Adults can choose how, when, and which faction of faith to practice, but the children in […]

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 […]

Mandatory Reporting Statutes – The Role of Teachers as Abusers & Abuse Reporters

By Marcus Risinger and Mallory Scott The role of a teacher is to act “in loco parentis,” or in place of the parent, while children are under their care in the school setting. In some cases, a teacher must take on protective responsibilities beyond the scope of this role to report child abuse or harmful […]

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 […]