Georgia Court Asked to Uphold "Baseball Rule"

RadiateWP — Fri, 01 Aug 2014 20:58:18 +0000

The Making Of A Parenting Plan

RadiateWP — Tue, 06 Dec 2011 12:16:33 +0000

Mediation In mediation, the mediator will sit down with the two parties (and their lawyers if they choose to bring them) and review together the unique situation that exists within the family. The mediator will then help the parties come up with an appropriate parenting plan by facilitating a discussion and empowering them to agree on the best way to make decisions on behalf of the children. In rare cases where there are specific disagreements on certain issues or professional input is needed, the mediator might suggest that the parties seek advice of a psychologist, child specialist, or another professional to clarify those issues. Collaborative Process In a Collaborative process that uses a collaborative professional team model the parents will have two lawyers, each representing one of the spouses and a child specialist who is usually a mental health professional. The child specialist may meet with the lawyers and the parties or may just meet with the parties. Based on his or her experience in the mental health field, he or she will help them work out a parenting plan which is then summarized and given to the lawyers to draft. Traditional Court Process In the traditional court model, when the case for divorce appears before a judge each side is usually represented by an attorney. If they cannot agree on decision making or parenting time, they are considered to have a custody dispute. In a custody dispute, the court will appoint what was previously known as a Law Guardian but is now called an Attorney for the Child. This is a separate lawyer who is trained specifically to represent children of different ages and whose role is to advocate for the interests of the child in the divorce process. Depending on the age of the child, the Attorney may echo the child’s requests and desires or substitute his or her own judgment. The Attorney for the Child will interview the parents and possibly other people such as caretakers, pediatricians or teachers. He or she will then come up with a recommendation to help the parents decide what is best in terms of the parenting time and decision making for the child. The Attorney for the Child also makes recommendations to the court. If a dispute still cannot be resolved, the parties will often reach out to a forensic psychiatrist who will perform a more thorough forensic evaluation. He or she will interview both the parents and the children and then write a report to be later used at trial to recommend what kind of parenting arrangement is in the child’s best interest. One thing that most judges and child specialists would undeniably agree on is that in most cases what is ultimately in every child’s best interest is for the parenting agreement to be devised by the people who know him or her best – i.e. the child’s own parents. Children should be spared and kept out of the court process. They must be sheltered from being dragged through a hostile divorce between two people whom they love the most. Ideally, all parenting issues should be resolved through Mediation or Collaborative Negotiation, so that the children can hold on to their childhood and, in the words of George Eliot still feel that “the acorns and the swallow’s eggs are a wonder” (provided by Alla Roytberg, Esq.) ]]>

Employer Not Liable For Worker's Car Crash

RadiateWP — Thu, 24 Nov 2011 13:43:05 +0000

AZ Central.com; Howard Fischer . MORE FROM AZCENTRAL Make customers love your small business Contracts Natural gas Honda Civic: Green Car of the Year Sears Holdings loses $421 million Boeing turns around with new orders, new planes MORE FROM THE WEB Once Facebook launches Timeline, you’ll never want to leave (VentureBeat) 10 Things NOT to Say to Someone with Fibromyalgia (HealthCentral.com) European Parliament Joins Criticism of SOPA (CIO) 10 Top Cars Old Folks Buy (TheStreet) 10 U.S. Cities With the Most Expensive Cost of Living (Kiplinger) [?] TECH VIDEOSYou need a Frames Capable browser to view this content. search local businesses: Popular Searches Phoenix Accountants Phoenix Attorneys Phoenix Churches Phoenix Dry Cleaners Phoenix Florists Phoenix Landscapers Phoenix Dentists Phoenix Doctors Phoenix Schools Phoenix Furniture More Popular Searches . ——————————————————————————– Most read 74 downtown Phoenix condos purchased 35 Arizona entrepreneurs 35 and under – 2011 Can iPhone 4S replace your camera? Natural gas Honda Civic: Green Car of the Year Pent-up demand brings surprise car-sale surge Allegiant Air announces service to San Francisco Google opens digital music store Unusual tenants fill Southeast Valley industrial parks This year’s hot holiday toys Facebook tracking is under scrutiny ——————————————————————————– . ——————————————————————————– Stock Quotes Dow 11829.38 +58.65 (+0.50%) Nasdaq 2579.62 -8.37 (-0.32%) S&P 500 1217.53 +1.40 (+0.12%) 10Y Yield 1.97 +0.01 (+0.42%) AZ 40 848.90 +4.98 (+0.59%) Stock Quotes Enter a ticker symbol below: Symbol Lookup . ——————————————————————————– Consumer News Natural gas Civic: Green Car of the Year Amazon working on iPhone rival? Smucker recalls chunky peanut butter Google opens digital music store Can iPhone 4S replace your camera? more consumer news » . ——————————————————————————– Real Estate News 74 downtown Phoenix condos purchased Phoenix, CityNorth at odds over ending development agreement Top recent West Valley home sales Unusual tenants fill industrial parks HARP expansion details are expected next week more real estate » . ——————————————————————————– Featured The Valley’s priciest home sales Search foreclosures by ZIP code Real Estate blog: Catherine Reagor Recent metro Phoenix home sales Search Valley home values more databases » . ——————————————————————————– Ads by Pulse 360 AdChoices Colleges in Tempe The Current Directory of Colleges In Tempe. Browse Today. Colleges.CampusCorner.com New Policy in Arizona [2011]: Drivers with no DUIs are eligible to receive up to 50% off car insurance… TheFinanceAuthority.com The New U.S Mortgage Plan Save your home and prevent foreclosure, click here for the application loanmodificationhelpline.org. ——————————————————————————– TOP HOMES Cave Creek – $299,900 MLS 4657058 4 bed / 2 bath 2186 / 1995 Jacqueline Roersma, Phantom Realty Chandler- $259,990 MLS 108078246 3 bed / 2 bath / 0000 , Glendale- $188,000 MLS 948903254 3 bed / 3 bath / 0000 , Agents! Display your listings here! » Thousands more home listings » . ——————————————————————————– Rate Center Today’s Average Rates Across the Country* Savings / MMA CDs Auto Insurance Min Balance Natl Avg Featured < $10k 0.18% 0.83% $10k - $24.9k 0.24% 0.83% $25k - $49.9k 0.29% 0.83% COMPARE RATES Savings Accounts and Money Market Rates provided by . -------------------------------------------------------------------------------- . SITE MAP azcentral.com main arizona vacations lavozarizona.com phoenix news food | home phoenix weather arizona sports style classified phoenix business photos phoenix jobs things to do video phoenix cars arizona cardinals phoenix homes phoenix calendar rss feeds newsletters public notices CUSTOMER SERVICE terms of service advertise with Republic Media privacy policy contact The Republic about The Republic subscribe to The Republic jobs at The Republic Republic subscriber services Media in Education jobs at KPNX-TV about KPNX-TV PARTNERS USA Today Gannett Co. Inc. Apartments:apartments.com Cars: cars.com Dating:eHarmony.com Homes: Homefinder.com HomeGain Jobs: CareerBuilder.com Local Businesses Shopping: ShopLocal.com . Copyright © 2011 azcentral.com. All rights reserved. Users of this site agree to the Terms of Service, Privacy Policy/Your California Privacy Rights and Ad Choices Read more: http://www.azcentral.com/business/abg/articles/2011/09/15/20110915abg-fischer0915.html#ixzz1e5HfPZSq]]>

Diminished Value

RadiateWP — Tue, 22 Nov 2011 12:09:56 +0000

Understanding Diminished Value Claims Example: Your one-year-old vehicle is worth $30,000. One day, you’re hit by another car, causing $5,000 in damage. Your insurance company pays for the repairs. Your car newly repaired car is still worth, $30,000 right? Wrong. Although your body shop does an excellent job, and your vehicle looks as good as it did before the accident, it’s now much less desirable having been in a collision, should you decide to sell it now, or down the road. Many times a frame or structurally damaged vehicle cannot be sold as a “certified used vehicle.” This will impact the vehicle’s value by as much as 40%! This is where diminished value comes in! Your insurance company will be quick to write you a check for the repairs, but you’re entitled to diminished value. If you list your vehicle for sale in the newspaper for $30,000, the first thing a buyer will ask is “Has the vehicle been in an accident?” Even if you didn’t disclose the accident, the buyer could still look up the history using Carfax. Once they discovered the accident, the buyer would no longer be willing to pay you $30,000, but instead might offer $22,000. In this case, the diminished value would be $8,000. $30,000 before accident -$22,000 sale price ————- $8,000 in diminished value! Even if you’ve already settled with the insurance company on the body damage, you can still file a separate diminished value claim if the repairs were done recently. Your claim for diminished value can be paid by your own insurance company or the other party’s company. ]]>

Are You Ready For Divorce?

RadiateWP — Wed, 16 Feb 2011 12:38:23 +0000

articles on divorce are written based on the assumption that once a couple says they want a divorce that they are ready for divorce. It is our experience as therapists and divorce coaches, who have helped many people through this process that this is in fact not the case. Usually when couples begin the divorce process, either one but more often than not, both, are not really ready for the divorce. Divorce professionals such as therapists, mediators, and attorneys often believe that statements such as, “I’ve had it with him.” or “My feelings have died for her,” are indicators that the marriage is over. Attorneys often equate being hired for their services as an indicator that the couple is ready to divorce. This is not so. Most couples who begin a divorce are unprepared and are often not even on the same page when they begin. It is this lack of preparedness and readiness for a divorce that either causes marriages to end prematurely or divorces to deteriorate into competitive contests. The decision to obtain a divorce is one of the most crucial decisions a person can make, with consequences that last for years or a lifetime. A decision this important requires much greater attention than it is usually given by both couples and professionals. It is a process in and of itself. Once a couple is prepared and ready, they will sooner be able to begin their divorce by both being on the same page and this will eliminate most of the emotional and financial struggles that cause divorces to become adversarial and ruthless. By Bruce Derman, Ph.D. and Wendy Gregson, MS, LMFT Divorce Magazine, February 12, 2011 ]]>

Arizona Supreme Court Defines Attorney Duties In Dependency Cases

RadiateWP — Tue, 08 Feb 2011 12:16:34 +0000

No. 2011 – 17 ) regarding duties and responsibilities of appointed counsel and guardians ad litem for child representation in dependency cases. Read below the order in it’s entirety. Should you desire additional information, feel free to contact Simon Law Group for clarification or advice. The judicial branch, along with child welfare stakeholders, attorneys, and community partners, have long recognized the need to promote practice standards for attorneys and guardians ad litem representing children in the child welfare system. They also recognize the need to support the 2003 Child Abuse and Prevention Treatment Act (CAPTA) reauthorization that promotes higher quality representation for children in care and bars the appointment of untrained or poorly trained court-appointed representatives for children. On February 26, 2010, the Committee on Juvenile Courts (COJC) referred draft attorney standards for child representation to the Court Improvement Advisory Committee. The Court Improvement Advisory Committee created an Ad Hoc workgroup, the Attorney Standards for Child Representation Committee (“Committee”). The Committee developed proposed standards and presented them to the COJC on September 17, 2010. The COJC voted to “approve the attorney standard[s] as presented, that an Administrative Order from the Chief Justice be requested, and to distribute them for comment” (COJC minutes, September 17, 2010). From September 27, 2010 until close of business November 8, 2010, the standards were distributed for comment. The proposed standards were presented to the Arizona Judicial Council (AJC) on December 7, 2010. The AJC approved the attorney standards as presented. On January 10, 2011, the Honorable Sarah R. Simmons, Presiding Juvenile Court Judge, Pima County Juvenile Court, Chair of the Committee on Juvenile Courts, and Chair of the Attorney Standards for Child Representation Committee, filed a “Petition to Add Rule 40.1, Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem” and requested a modified comment period. Due to the Supreme Court’s schedule for the consideration of rules, the earliest this rule could be adopted and effective is September 2011. The adoption of these standards by Administrative Order will allow the standards to be in place and provide affected parties an opportunity to assess their impact and make comments within the rule-making process. Therefore, pursuant to Article VI, Section 3 of the Arizona Constitution, IT IS ORDERED adopting the attached Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem, which shall become effective February 1, 2011. This Order is applicable to all appointed counsel and guardians ad litem on and after the effective date. IT IS FURTHER ORDERED that any attorney currently appointed to represent a child in any dependency matter in the State is exempt from the introductory six (6) hours of court approved training. All attorneys handling dependency matters, including those currently assigned cases, shall comply with the continuing training requirements outlined in the Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem. Dated this 31st day of January, 2011. REBECCA WHITE BERCH Chief Justice Duties and Responsibilities of Appointed Counsel and Guardians Ad Litem A. Attorneys appointed for children shall make clear to children and their caregivers whether their appointment is as a guardian ad litem or as an attorney and the ethical obligations associated with their role. B. Attorneys and guardians ad litem shall inform the child, in an age and developmentally appropriate manner, about the nature of the proceedings, the attorney’s role, that the child has the right to attend hearings and speak to the judge, the consequences of the child’s participation or lack of participation, the possible outcomes of each hearing, and other legal rights with regards to the dependency proceeding and the outcomes of each substantive hearing. C. Attorneys and guardians ad litem shall participate in discovery and file pleadings when appropriate and attorneys must develop the child’s position for each hearing. The duties of the attorney and guardian ad litem may include identifying appropriate family and professional resources for the child, as well as subpoenaing witnesses, and the attorney and guardian ad litem shall inquire of the child regarding potential placements and communicate this information to Child Protective Services as appropriate. D. The attorney and guardian ad litem shall meet in person with the child before the preliminary protective hearing, if possible, or within fourteen (14) days after the preliminary protective hearing. Thereafter, the attorney and guardian ad litem for the child shall meet in person with the child and have meaningful communication before every substantive hearing. Substantive hearings include all preliminary protective hearings, all periodic review hearings, permanency hearings, any hearings involving placement, visitation or services, or any hearing to adjudicate dependency, guardianship or termination. If the child is under the age of 5 or is not able to communicate effectively, meetings should include observations within each placement home. At each substantive hearing the attorney or guardian ad litem shall inform the court as to the child’s position concerning pending issues and, if the child is not present, an explanation for the child’s absence. In all cases, attorneys and guardians ad litem for children should also communicate with placements, and if practicable, observe the placement. Upon a showing of extraordinary circumstances, the judge may modify this requirement for any substantive hearing. E. Attorneys and guardians ad litem shall also maintain contact with caretakers, case managers, service providers, childcare providers, CASAs, relatives and any other significant person in the child’s life as appropriate in order to meet the obligations of informed representation of the child. F. To the extent possible, attorneys and guardians ad litem should attend or provide input to Child Protective Services staffings, Foster Care Review Board reviews and Child and Family Team meetings. G. Attorneys and guardians ad litem may use appropriately trained support staff to assist in the performance of the duties listed herein unless otherwise required by law. The support staff performing these duties must adhere to these standards. H. Attorneys and guardians ad litem shall promptly identify any potential and actual conflicts of interest that would impair their ability to represent a child. Either the attorney or the guardian ad litem shall, if necessary, move to withdraw or to seek the appointment of an additional attorney or guardian ad litem if they deem such action necessary. I. Attorneys and guardians ad litem shall be knowledgeable of the child welfare and public systems and community-based service providers and organizations serving children (e.g. behavioral health, developmental disability, health care, education, financial assistance, counseling support, family preservation, reunification, permanency services, and juvenile justice). Attorneys and guardians ad litem shall be knowledgeable about how these services are accessed and shall advocate for such services as appropriate for the child. J. Attorneys and guardians ad litem shall be familiar with the substantive juvenile law. Attorneys and guardians ad litem shall stay abreast of changes and developments in relevant federal and state laws and regulations, Rules of Procedure for the Juvenile Court, court decisions and federal and state laws concerning education and advocacy for children in schools. Attorneys and guardians ad litem shall complete an introductory six (6) hours of court approved training prior to their first appointment unless otherwise determined by the presiding judge of the juvenile court in which the attorney or guardian is practicing for good cause shown and an additional two (2) hours within the first year of practice in juvenile court. All attorneys and guardians ad litem shall complete at least eight (8) hours each year of ongoing continuing education and training. Education and training shall be on juvenile law and related topics, such as child and adolescent development, (including infant/toddler mental health), effects of substance abuse by parents and by and upon children, behavioral health, impact on children of parental incarceration, education, Indian Child Welfare Act, parent and child immigration status issues, the need for timely permanency, the effects of the trauma of parental domestic violence upon children and other issues concerning abuse and/or neglect of children. Some or all of this training and continuing education may qualify as mandatory Continuing Legal Education under State Bar of Arizona requirements. Attorneys shall provide the judge with an affidavit of completion of the six (6) hour court approved training requirement prior to or upon their first appointment as attorney or guardian ad litem for a child after the adoption of these standards unless a waiver of this requirement has been obtained from the presiding judge of the juvenile court in which the appointment is to be made. The affidavit of completion shall include a list of courses including the name of the training, the date of the training, the training provider, and the number of hours for each course. All attorneys shall file annually an affidavit with the presiding judge certifying their compliance with this section. Such affidavit shall be filed concurrently with the affidavit of compliance with State Bar MCLE and shall include a list of courses including the name of the training, the date of the training, the training provider and the number of hours for each course.]]>

Workplace Emails-Case Law Update

RadiateWP — Wed, 19 Jan 2011 17:54:32 +0000

California Court of Appeals case held that a client who communicates with his lawyer using a client’s work email account does not have the protection of the attorney client privilege. The Court held that it was akin to sitting in the employer’s conference room with the doors open and speaking loudly. If you are communicating with a client via the client’s work email, it would be wise to keep this ruling in mind.]]>

Amended Child Support Guidelines

RadiateWP — Wed, 12 Jan 2011 17:39:56 +0000

In cases with significant disparity of income between the custodial and noncustodial parent, a deviation may be appropriate.” The revised child support guidelines apply to Court orders entered after May 31, 2011. State Bar of Arizona – Family Law Section – January, 2011]]>

Divorce Attorney Finds New Way To Catch Cheaters

RadiateWP — Thu, 03 Jun 2010 19:20:27 +0000

PHOENIX — Divorce attorneys no longer need to hire private investigators to get the dirt on spouses who may be cheating.

All they need now is a computer.

Liz Steele, of Mesa, is going through a divorce and she has no problem with her attorney looking up everything he can on her husband.

“I have nothing against lawyers digging and doing their job,” said Steele. “The more information, the better.”

Much of what Valley attorney Craig Simon needs can be found online, in places like Facebook and MySpace.

Simon is among a growing number of divorce attorneys turning to social networking sites to catch cheaters.

“It pops up and there are pictures of the new girlfriend,” said Simon. “They’re kissing and hugging. They’re on a beach by themselves.”

According to Simon, the sites are also helpful determining whether a spouse is going on a wild spending spree, buying expensive items when the spouse claims to have no money.

“All of a sudden there are pictures showing how they bought their new friend jewelry or they are boasting about a new car,” said Simon.

Simon is still surprised by what he uncovers online, but said it sure makes his job a lot easier.

“It happens more often than you can believe,” said Simon. “It’s amazing how brazen people get.”

Divorce attorneys no longer need to hire private investigators to get the dirt on spouses who may be cheating.