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April 2015 Archives

Grandparents visitation rights cannot violate parent rights

There are cases where Arizona parents may refuse to allow their child's family members, including the child's maternal or fraternal grandparents, to visit. This can be particularly distressing for both the family members and the child, especially if a relationship has already been established. In some cases, the family members may seek visitation through the court system.

Parental alienation syndrome

When two Arizona residents have a child, one parent is often granted primary physical custody while the other parent is granted visitation rights. In some cases, however, one parent may decide that they do not want the other parent to be involved in their child's life; as such, they may attempt to alienate the child from the other parent.

Woman serves divorce notice to husband through Facebook

Arizona residents might be allowed in the future to serve their spouses with divorce pleadings over the Internet if they cannot contact their spouse any other way. In a recent New York family court ruling, a judge allowed a woman to serve her estranged husband a divorce summons through a message on Facebook. However, the ruling only came after the woman's numerous and repeated attempts to contact her husband through other means had proven unsuccessful.

Considerations for Arizona child custody

Many Arizona parents who divorce have some sort of joint legal and physical custody of their children. This usually presents itself as the children spending roughly equal amounts of time with both parents, with both parents also entitled to make decision about their children's lives. However, in some cases joint custody may not be desirable or practical for reasons of safety, such as child or spousal abuse. In these cases, Arizona law provides for temporary physical custody and decision-making rights to fall exclusively to one parent until the matter is resolved.

Social Security spousal benefits and divorce

Eligibility for spousal Social Security benefits is an important consideration for Arizona residents who are preparing to divorce or who are preparing to remarry following a divorce. A spouse who reaches retirement age may be able to draw Social Security benefits based on the former spouse's contributions, but only if certain eligibility requirements are met.


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