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Grey Divorce, The Golden Bachelor, and the Technology Abyss
As a family law firm in Arizona, it sure seems like our divorce clients are getting older. Parties in their 70s (and older) are ending their marriages with what seems to be greater frequency. While senior divorces involving first and long-term marriages are still relatively rare, seniors on their second and third marriages are opting […]
The Impact of the Department of Child Safety’s Document Failure on Parents
On Aug. 21, a letter from the state attorney representing the Department of Child Safety (DCS) went out to all presiding judges across Arizona requesting that they “suspend any trials and severance proceedings” set in the next two weeks after a review revealed thousands of documents were not made discoverable in more than 3,800 cases. […]
In the News: Lack of Discovery Revealed in Thousands of DCS Cases
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 two weeks due to a review that revealed thousands of documents […]
Back to School: The Consequences of Neglect in Flagstaff, Arizona
As we head back into the school year, it is an unfortunate truth that there will be an influx of child abuse and neglect allegations. Although summertime for children brings the promise of lazy afternoons at home, it also means that children are stuck at home with parents who might be abusing them without the […]
Understanding Arizona’s Juvenile Emancipation Statutes
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 fight against the idea that their […]
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
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 Amendment rights. But, when there is a concurrent Department of Child Safety (DCS) investigation, invoking may have negative consequences in the dependency matter. It […]
Knapp: How Private Attorneys Can Help Public Defenders
You just have to watch a few Law and Order: SVU episodes to know the that when someone is arrested, they are read Miranda warnings. While the 100 words in Miranda are all valuable, “the right to an attorney” and that, “if you cannot afford one, one will be provided to you” is of particular […]
Adoption, Visitation, and Undoing Sheets v. Mead
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 oft-heard statement exemplifies the legal fiction that the Legislature is aware of how our appellate courts construe their statutes and will make […]
Fast-Tracked Termination: What is Happening in Arizona
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 intact. However, according […]