RELATED FAMILY LAW AREAS
Family law consists of more types of cases than just the initial dissolution of a marriage (or divorce). Following are brief descriptions of some of the other family law areas that Mr. Robbins practices in. These brief descriptions mention only some of the aspects of these areas; each client is different and what might be relevant to one client might not be relevant to another client.
Several statutes are cited and they can be reviewed at www.azleg.state.az.us/arizonarevisedastatutes.asp. One problem is that appellate courts can limit the applicability of a statute. Another problem is that certain cases are referred to different judges who may have different points of view as to what issues are the most important. Meeting with an experienced attorney is recommended. Still, these citations are provided to allow you to look at these statutes as a starting point.
Some of the other family law areas that Mr. Robbins practices in are: (1) Adoption, (2) Child Protective Services (now known as Department of Child Safety), (3) Child Support Calculation, Modification and Enforcement, (4) Collaborative Divorce, (5) Dependency Cases, (6) Grandparent Custody or Visitation, (7) Guardianship of Adults, (8) Guardianship of Children, (9) In Loco Parentis Cases, (10) Integrated Family Court, (11) Juvenile Court, (12) Mediation, (13) Non-Parent-Custody, (14) Order of Protection, (15) Paternity, (16) Post-Dissolution, (17) Post-Paternity, (18) Power of Attorney, (19) Qualified Domestic Relations Orders, (20) Relocation Issues, and (21) Termination of Parental Rights. (22) Writ of Habeas Corpus
Mr. Robbins can make referrals in other associated areas of law, such as Pre-Nupital Agreements and Tribal Court cases where he does not practice.
Many of these areas overlap. For example, a non-parent can obtain custody of a child from a biological parent through a Power of Attorney, a Guardianship, Grandparent Custody, an In Loco Parentis Petition, a Child Protective Services Dependency, a Private Dependency Petition, Termination of Parental Rights and an Adoption. Each of these areas has different rules and each produces different outcomes. Some are easier for a non-parent to obtain and easier for a biological parent to end; others are more difficult for a non-parent to obtain and are more difficult (or almost impossible) for a biological parent to end. A non-parent has several options to choose from. Choosing which approach to use, with its corresponding strengths and weaknesses, usually requires the assistance of an experienced attorney.
These brief descriptions should not be relied upon as legal advice; they only outline these areas of law. To obtain legal advice, you would need to meet with Mr. Robbins or another family law attorney.
1. Adoption
There are three main areas of the adoption process.
(1) When a step-parent wants to adopt a stepchild, such as when the biological parent has abandoned the child. (For the grounds for termination of parental rights, go to www.azleg.state.az.us/arizonarevisedastatutes.asp
and see A.R.S. Section 8-533.) Mr. Robbins can prepare a petition to terminate parental rights and/or a form for a biological parent to consent to adoption. Mr. Robbins has filed over 50 petitions for the termination of parental rights. A different procedure applies if a child is born out-of-wedlock, and the father has never signed the birth certificate or otherwise established his paternity.
(2) When a birth parent (usually the birth mother) wants to place a child for adoption. Mr. Robbins can obtain profiles of prospective adoptive parents for a birth parent to consider. In the ordinary course of events, a birth parent’s attorney fees will be paid by the adoptive parents, while the birth parent's attorney's sole loyalty is to the birth parent (and not the prospective adoptive parents).
(3) When prospective adoptive parents wish to have an attorney present their profiles to birth parents. This is a very specialized area and Mr. Robbins will refer prospective adoptive parents to experienced attorneys who practice this aspect of adoption law.
2. Child Protective Services (CPS), now known as the Department of Child Safety (DCS).
Anyone can make a report of suspected child abuse or neglect in Arizona by calling 1-888-SOS-CHILD (1-888-767-2445). Doctors, teachers, counselors, and many other professionals are "mandated reporters" who legally must call DCS if they suspect child abuse or neglect.
Mr. Robbins has represented parents, relatives and children in over 200 cases involving Child Protective Services, now known as the Department of Child Safety. For years in Phoenix, he organized a seminar training attorneys for them to be able to be appointed in abuse and neglect cases in Maricopa County.
This is an area of law that few attorneys are experienced with.
3. Child Support Calculation, Modification and Enforcement
Mr. Robbins represents clients in several areas of child support, such as in the initial establishment of child support, the modification (recalculation) of child support amount, and the enforcement of child support orders. To obtain the thirty-page Child Support Guidelines, visit the Arizona Supreme Court's website at www.supreme.state.az.us, and go to the section titled "Divorce/Parenting Issues."
4. Collaborative Divorce
Mr. Robbins was the first attorney in Flagstaff to be trained in the area of Collaborative Divorce. In the Collaborative Divorce process, each of the spouses and their attorneys sign an agreement that the attorneys are disqualified from representing their clients if the case ever goes to Court. This means that the attorneys completely devote themselves to settling the case. In over 90% of Collaborative Divorce cases, the parties will settle their dispute without going to Court. Historically, the cost of a Collaborative Divorce case is a fraction of the cost of a traditional adversarial case.
The Arizona Supreme Court has created Rule 67.1 in the Arizona Rules of Family Law Procedure to facilitate the use of Collaborative Divorce. Your spouse would need to go to another Collaborative Divorce Attorney. There are several attorneys in Maricopa County who are trained in Collaborative Divorce. The other attorney in Flagstaff who is trained in Collaborative Divorce is Jay McCarthy whose telephone number is 928-779-4252.
For more information about Collaborative Divorce, go to www.collaborativedivorce.net.
5. Dependency Cases
A dependency petition is filed with the Juvenile Court, seeking the Court's protection over a child who is at risk for abuse or neglect. While most dependency petitions are filed by the Department of Child Safety (formerly "Child Protective Services"), individuals can also file "Private Dependency Petitions." When Mr. Robbins moved to Flagstaff, he had filed the more Private Dependency Petitions than any attorney in the state of Arizona.
There are a number of cases, where the Department of Child Safety will not file a dependency petition, or intervene in a child's life, but the Juvenile Court will grant temporary orders and will force the Department of Child Safety to intervene.
A majority of Private Dependency Petitions involve parents who are both impaired by use of hard drugs, such as methamphetamines or opiates such as prescription drugs or heroin. Children can also be taken away from parents due to alcoholism, which impairs a parent from caring for the children.
It is hard to have the Juvenile Court to order that a child be taken away from a parent; it is much easier for the Juvenile Court to order that a child who is being raised by relatives can stay with the relatives.
The biggest difference between a Dependency and a Guardianship is that a parent's consent is usually needed for a Guardianship (unless a parent is in jail), while a Dependency does not require the consent of a parent, and is usually done against the parent's will.
This is an area of law that few attorneys are experienced with.
6. Grandparent Custody or Visitation,
A.R.S. Section 25-409 states that the superior court may grant grandparents (and great-grandparents) of a child reasonable visitation rights to a child if visitation is in the best interests of the child. (For this statute, go to www.azleg.state.az.us/arizonarevisedastatutes.asp and see A.R.S. Section 25-409.)
In 1992, Mr. Robbins was involved in expanding the grandparent visitation statute from cases where only when the parents have been married, to include cases where the parents were never married.
7. Guardianship of Adults,
Guardianships of an adult are appropriate where an adult is unable to make or communicate responsible decisions concerning his or her person. See A.R.S. Section 14-5101 (1). (www.azleg.state.az.us/arizonarevisedastatutes.asp)
There are three protections required so that guardianships are not appropriately ordered. First, a physician must state that the individual fits the above criteria. Second, the Court Visitor does an independent investigation. Third, an attorney is appointed to represent the individual.
8. Guardianship of Children,
A.R.S. Section 14-5204 (www.azleg.state.az.us/arizonarevisedastatutes.asp) states that “[t]he Court may appoint a guardian for an unmarried minor if all parental rights of custody have been terminated or suspended by circumstances or prior court order.” The termination of parental rights is governed by A.R.S. Section 8-533. The issue of what “suspended by circumstances” is a matter of argument. One of the most common examples would be that a parent has consented to a guardianship. Another example is that the parent is incarcerated. Another would be that a parent has abandoned the child.
What if a parent is unfit, such as being neglectful due to the use of drugs or alcohol, or mental illness? At least one attorney in Flagstaff argues that parental rights can be suspended by circumstances where the parent is unfit. Other attorneys argue that a Guardianship is not appropriate if a parent is unfit; the remedy would be to file a Dependency Petition or an In Loco Parentis Petition.
If a proposed guardian is not related by blood, that proposed guardian must be fingerprinted.
9. In Loco Parentis Cases,
People who have raised a child can often file an "In Loco Parentis" petition under A.R.S. Section 25-409. (www.azleg.state.az.us/arizonarevisedastatutes.asp) This is a fairly narrow statute as the person who has cared for the child must be a "person who has been treated as a parent by the child and who has formed a meaningful relationship with the child for a substantial period of time." What is a "substantial period of time"? It can depend upon the judge. What if the child calls a caregiver-grandmother as "Nana" or "grandmother" and not as "mom"? It can depend upon the judge. Since, in a appropriate case, this statute can be the best one to use.
10. Integrated Family Court (IFC)
Division 4 of the Coconino County Superior Court is the "Integrated Family Court" which all divorces with children are assigned to. Unlike many other counties, this Coconino County Integrated Family Court has many services such as Mediation that the Court can schedule from the bench. There is also an eight week "Cooperative Parenting" course that arguing parents can be ordered to participate in.
11. Juvenile Court
Juvenile Court (otherwise known as the Juvenile Division of the Superior Court) has exclusive jurisdiction over several areas: adoption, termination of parental rights, delinquency (criminal), and dependency (child abuse & neglect and DCS/CPS) cases. The Coconino County Juvenile Court Center is located at 1001 East Sawmill, just northeast of the Flagstaff Police Department, Coconino County Sheriff’s Office and Coconino County Jail, and most juvenile court matters are heard there.
Only a minority of attorneys in Flagstaff have practiced before the Juvenile Court. It is urgent that an attorney who represents a party in Juvenile Court have a degree of experience in appearing before the Juvenile Court.
Mr. Robbins has represented over hundreds clients in Juvenile Court, in Coconino, Maricopa, Pima, Pinal and Yuma Counties.
12. Mediation
A mediator is a trained professional who meets with both parties to assist the parties in coming to an agreement. A mediator does not represent one party or the other; the mediator is a neutral professional.
Mediation can be extremely cost-effective if both parties engage in mediation in good faith.
Anyone can say that they are a "mediator." The important question to ask is if that individual has completed the intensive 40 hour training course to become a mediator.
13. Non-Parent-Custody,
A "non-parent" can obtain legal rights to care for a child in several different ways. They include a Power of Attorney, a Guardianship, Grandparent Custody, an In Loco Parentis Petition, a Department of Child Safety/Child Protective Services Dependency, a Private Dependency Petition, Termination of Parental Rights and an Adoption. Each of these areas has different rules, and each produce different outcomes. Some are easier for a non-parent to obtain and easier for a biological parent to end; others are more difficult for a non-parent to obtain and are more difficult (or almost impossible) for a biological parent to end. A non-parent has several options. Choosing which approach to use, with its corresponding strengths and weaknesses, usually requires the assistance of an experienced attorney.
14. Orders of Protection,
An Order of Protection can be issued if you have had an act of Domestic Violence committed against you. The forms for an Order of Protection can be picked up at any Court, including any municipal court (such as the Flagstaff City Court at 15 North Beaver, Flagstaff), the Superior Courts (such as at 200 North San Francisco, Flagstaff), or any Justice of the Peace office. If you are a victim of Domestic Violence, getting an Order of Protection can be the first step in protecting yourself. Mr. Robbins has represented many Domestic Violence victims.
However, some Orders of Protection can be inappropriate, or more commonly, overly broad. Mr. Robbins has also represented many individuals who have had inappropriate or overly broad Orders of Protection granted against them.
15. Paternity Cases.
While a Paternity case is simpler than a dissolution of marriage, as there is no community property to divide, the issues of custody and visitation can be more difficult when a child was born out-of-wedlock, and the parents may not have ever had a strong commitment to each other.
16. Post-Dissolution Cases.
Cases return to the Superior Court after a divorce on the issues of child custody, visitation, relocation and child support.
17. Post-Paternity Cases.
Cases return to the Superior Court after a finding of paternity on issues of child custody, visitation, relocation and child support.
18. Power of Attorney
14-5104. Delegation of powers by parent or guardian states,
"A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to consent to marriage or adoption of the minor."
A delegation of parental rights is a special type of power of attorney, and is a quick way for a non-parent to care for a child. It is based upon the consent of a parent and can be revoked at any time by the parent.
While a non-parent can sign for medical care of a child, as a rule, health insurance companies will usually say that a delegation of parental rights is insufficient for for the non-parent to have coverage for the child on their health insurance. School districts will also usually not recognize a delegation of parental rights to enroll a child in the non-parent's school district. Finally, a delegation of parental rights expires at the end of six months, and would need to be renewed.
19. Qualified Domestic Relations Orders
A "Qualified Domestic Relations Order" or QDRO is often needed to divide retirement benefits or to transfer money from a joint IRA or a 401(k) to a new IRA. This can be a very specialized area, and usually Mr. Robbins will refer these cases to a QDRO Specialist.
20. Relocation Issues
Relocating with a child is one of the most contentious issues that can be considered by the Superior Court. The statute concerning relocation is also quite convoluted. See A.R.S. Section 25-408. (www.azleg.state.az.us/arizonarevisedastatutes.asp)
21. Termination of Parental Rights (Severance)
The grounds for termination of parental rights is at A.R.S. Section 8-533(B). (www.azleg.state.az.us/arizonarevisedastatutes.asp) A majority of all termination cases have the allegation that the biological parent has abandoned the child. See A.R.S. Section 8-533(B)(1).
22. Writ of Habeas Corpus
If you are a natural parent and a non-parent is holding a child from you without having a Court Order to do so, your remedy is to file a "Writ of Habeas Corpus." "Habeas Corpus" literally means "you have the body" in Latin. What a Writ of Habeas Corpus does is to force the non-parent to either get a Court Order such as under a Guardianship, or In Loco Parentis case or a Dependency case, or to return the child to you.
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