Timothy W. Durkin Family Law Blog

Going through a divorce is never easy, but we all know, and hopefully understand, that divorce can be especially hard on children. The Superior Court in Maricopa County certainly realizes this and under Arizona law, the parent information class is mandatory in a divorce or custody action. Pursuant to ARS§ 25-351, “The program is required for all parents involved in a legal separation, divorce, or paternity case in which the Court determines child support, visitation, or... Read More

The Fourth of July is this weekend, one of the major U.S. holidays on the calendar and if you’re like me, images of swimming pools and backyard barbeques come to mind. Living in Arizona means staying cool is a must, but it can help trying to catch the local fireworks show despite the heat. Unfortunately, holidays can be anything but idyllic for parents sharing custody of children. I’ve put together a few tips for divorced parents to keep in mind this holiday and those holidays... Read More

Orders of Protection (also sometimes referred to as restraining orders) prohibit one person from contacting another. They are used many times in situations of domestic violence and/or abuse. To obtain an order of protection in Arizona, the abusive party must have one of the following relationships with the person who is seeking the Order:

¿ Spouse
¿ Former Spouse
¿ Lives or previously lived in the same residence
¿ Related by blood
¿ Related by marriage
¿ A... Read More

Those of you who have an active Arizona child support or spousal maintenance case may have noticed a change in the Arizona Support Clearinghouse fee structure. On March 18, 2010, Governor Jan Brewer signed House Bill 2011, a bill that addresses the budget issues currently facing the State of Arizona. The support clearinghouse fee increase is part of that bill and the fee increase went into effect July 1, 2010. If you are currently ordered to pay child or spousal support through the... Read More

I recently represented a Father in a contested child custody case where the primary issue in dispute was the religion of the parents. The Mother argued that because Father’s religion was so doctrinally different from hers, the child would be “harmed” by being exposed to the two conflicting religions. Mother therefore argued that she should have sole custody, and that Father should have no parenting time on Sundays, because this was the only way, as she supposed, to assure... Read More

Wow, you thought you had a high child support order.  Mel Gibson was recently ordered to start paying the mother of his child an additional $15,000 per month, bringing his child support order up to $20,000 per month.  Apparently Mr. Gibson was so disgusted by the support order, he wrote the first check himself, from his personal checking account, on a roll of toilet paper.   “Yea, we all know how much toilet paper costs these days and how rare it’s becoming... Read More

While most of us would like to assume that the best person to provide care for a child is one – if not both – of that child’s parents, this simply is not always the case.  Take, for example, a parent who means well, but who is challenged with debilitating mental health issues.  Or, similarly, take a parent who struggles with a chronic chemical dependency.  A child under the care of such a parent could very well be unsafe, and could possibly benefit from the... Read More

Many of us see the family-law battles of the rich and famous play out daily in newspapers and tabloids. This week we see Charlie Sheen’s soon-to-be ex-wife, Brooke Mueller, entering a rehab facility to deal with an addiction that according to sources close to her, she has dealt with for many years. According to sources, she is also concerned with seeing her children, who are currently staying with their grandparents. This drama plays out nearly every day in my family law practice.... Read More

Each month I receive phone calls from alarmed parents who have learned that they or their children are the focus of a CPS investigation. I also receive phone calls from parents or concerned relatives who inquire as to the consequences of filing a report with CPS.

Child Protective Services (CPS) is an Arizona agency mandated under ARS §8-802 for the protection of children alleged to be abused and neglected. “Alleged” is a very important term, and every allegation of... Read More