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Family & Divorce Law – Recent Successes

Father retained Cantor Law Group partner

Father retained a [Cantor Law Group] attorney to represent him in a divorce involving two minor children, ages 11 and 6. Father was very active in the children’s lives taking them to extracurricular activities, coaching little league, cooking their meals and driving them to school. Mother was equally involved in their lives as well.

At the initial court hearing, the parties agreed to joint legal custody and equal parenting time under a 5-2-2-5 plan. Subsequently, Mother changed her mind and sought primary custody, requesting that Father have limited parenting time of an after school visit and every other weekend. Mother refused to relent, going so far as to request the appointment of a mental health expert to conduct a custody evaluation. [Cantor Law Group] attorney successfully convinced the Court to deny this motion.

At trial, Father requested that the Court continue the 5-2-2-5 parenting plan as in the children’s best interest and to maximize his current and future involvement in the children’s lives. Mother continued to seek primary custody with limited parenting time for Father, going so far as to claim Father’s outside activities such as golf impacted his worthiness for the parenting time he was requesting.

The [Cantor Law Group] attorney successfully convinced the Court to enter an Order of an EQUAL ACCESS parenting plan as most appropriate. The Court noted that Mother had not overcome the burden of Arizona’s public policy to promote strong families and strong family values.

Father was elated that he will be able to continue to be a 50-50 parent.

Ms. G, a young single mother, retained Cantor Law Group to assist her with her attempts to protect her young daughter from the negative effects of her abusive, irresponsible father (Mr. H). After a consultation with Attorney Alyson Foster, Ms. G and Ms. Foster determined the best strategy to protect her daughter was to file for a termination of Mr. H’s parental rights so that he could no longer use the court system as an avenue through which to harass Ms. G and her child. As an individual, Ms. G faced an uphill battle attempting to terminate the father’s rights because most termination actions are initiated by CPS or another state entity and because Mr. H was provided with an attorney for which he was not required to contribute financially. Ms. G and her parents (who often assisted Ms. G with the raising of her child due to Mr. H’s failure to support his child), knew in their hearts that the child would suffer physically and emotionally if Mr. H’s rights were not terminated by the courts. As part of the process, Ms. G and Ms. Foster were met by continued road blocks from father’s appointed attorney; however, Ms. G prevailed at the time of trial and Mr. H’s parental rights were terminated. After the ruling was issued, Mr. H was appointed yet another free attorney, who attempted to appeal the termination ruling. Ms. G again utilized the services of Cantor Law Group and Ms. Foster and the appeal was ultimately dismissed by the Court of Appeals. Now Ms. G and her daughter are free from the harassment and abuse they previously suffered at the hands of Mr. H and they no longer have to worry about any future attempts by Mr. H to obtain custody or parenting time rights.

Mrs. B retained Cantor Law Group to assist her with a divorce from her husband of over ten years (Mr. B). Mr. B had thrown Mrs. B out of the parties’ home, changed the locks, fired her from her position with the family business, removed her name from joint bank accounts and credit cards and had refused to provide her with any of the property or furnishings located in their home. Attorney Alyson Foster filed a Petition for Dissolution on Mrs. B’s behalf and served Mr. B with the paperwork despite his repeated efforts to evade service. Ms. Foster was able to get an award of temporary spousal maintenance for Mrs. B, so that she could have enough money to set up and furnish her own apartment and start looking for a new job. During the litigation process, Mr. B hid and sold assets, refused to provide information regarding his income and the value of his assets, harassed Mrs. B through correspondence and attempted to turn all of their mutual friends against her. Additionally, Mr. B refused to discuss any reasonable settlement and refused to offer even one single dime to Mrs. B for spousal support or attorney fees despite making more than five times as much as her each month through his employment. Ms. Foster rigorously sought after Mr. B’s documentation and records and even employed an expert witness to testify about Mr. B’s income potential since he refused to provide any proof thereof. After trial, Mrs. B was awarded spousal maintenance in the exact amount she requested, for a period of time which would allow her to get back on her feet, re-educate herself for the labor market and pay off debts she incurred during the divorce process. Additionally, the Judge awarded Mrs. B ½ of the value of the personal property and furnishings located in their home, which Mr. B refused to give her. Finally, because of Mr. B’s unreasonable positions and refusal to provide Mrs. B with requested documentation about his business and his income, he was ordered to pay over $20,000 of Mrs. B’s attorney fees and expert costs.

Father Wins Sole Custody and Attorneys Fees

Father was being denied contact with his 2 young girls. The Mother had given the 11 year old and 7 year old the impression that they could decide whether or not to spend time with their Father. Father then retained us to restore his contact with both girls and increase his parenting time. Mother’s uncooperative behavior throughout the litigation was ongoing. Even after she retained an attorney, she continued her ongoing refusal to facilitate and encourage our client’s parenting time, making serious allegations against our client to justify her behavior. By the time that we got to the trial, 10 long months had passed and Father had missed-out on substantial time with his daughters. During the trial, Mother’s attorney attempted every “trick in the book,” to try and convince the Court that Mother’s obstruction was justified, due to her allegations against Father. However, after a 3 hour trial where both sides of the case were presented to the Court, the Judge issued a detailed Ruling on the record that supported all of our arguments during the trial. Further, the Court specifically found that Mother’s allegations of drug use, significant domestic violence and mental illness, were unsubstantiated. Our client won in a landslide: he was granted sole legal custody of both children. In addition, he was granted the parenting time that he was requesting. The Court also warned and assured Mother that, if the parties appeared before the Court again and Father had not seen the children, that Mother would leave the Courtroom in handcuffs. Finally, the client was granted an award of attorneys fees and costs.

UCCJEA – Uniform Child Custody Jurisdictional Enforcement Act

Mother and Father were married in Arizona and moved to Montana while she was pregnant with their first and only child (for both of them). After Wife gave birth prematurely, she left Montana and absconded to Arizona with their newborn son. Mother then notified Father that she would not be returning to Montana and he immediately filed for divorce and custody in Montana. Mother then filed for divorce and custody in Arizona. Father retained us to assist him in getting Mother’s Arizona divorce Petition dismissed. We filed a limited scope appearance on Father’s behalf and submitted a Motion to Dismiss for Lack of Subject Matter Jurisdiction, Lack of In Personam Jurisdiction and Lack of Initial Child Custody Jurisdiction. Upon learning of the simultaneous proceedings in both states, an oral argument was set between the Arizona Judge and both Arizona lawyers and the Montana Judge and both Montana lawyers. During this hearing, all four attorneys were allowed to argue their case. We, argued that Mother’s Arizona divorce Petition must be dismissed per Arizona law, which was cited in detail in my Motion to Dismiss. The Judges then conferred in chambers and issued a written Ruling several weeks later: In the Judge’s 9 Page Ruling, our Motion to Dismiss was granted! In fact, in his Ruling, the Judge utilized the exact same cases and exact same language that we cited in our Motion and argued on the record at the hearing. The client, a physician, was ecstatic! Then, after not seeing his newborn baby for 4 months, he traveled out to Arizona for a visit.

Parties Divorced – Post Decree/Contempt of Court Victory

At trial Mother requested to relocate the children from SE valley to Tucson, which the Court denied as Mother failed to prove it was in the children’s best interest, despite two earlier requests the Court had denied. Court awarded joint legal custody with weekly and weekend access to our client, Father. In early August, without notice to Father nor permission from the Court, Mother relocated to Oro Valley and enrolled the older child in school in Tucson. Father, upon finding out of Mother’s relocation, immediately filed Contempt Petition and requested emergency custody, that Mother be ordered to immediately reenroll the child in his prior school, attorneys’ fees and sanctions. Following three half day hearings, the Court, among other things, ordered Mother to return the children to SE valley at the end of the 2009/2010 school year and awarded Father attorneys’ fees to be determined by submittal of an affidavit.

Court orders our client to receive equal custody time

In the summer of 2007, Mr. D retained  the Cantor Law Group for assistance with his custody, parenting time and child support issues he was currently facing. He was never married to his ex-girlfriend, but they had two very young children together. Immediately upon the couple’s breakup, the mother began controlling and obstructing the father’s parenting time. When the father initially retained our services, the mother was allowing him to only have very little contact with his two children.

The mother went so far as to demand that both children be placed in third party day care, despite the fact that the father’s work schedule was the opposite of the mother’s work schedule. In addition, he was eager and available to provide care for the children all day long (since he worked nights). The mother was demanding sole legal custody and made unilateral decisions for the children’s welfare without the father’s participation. After we took the case to trial, the judge ruled that the mother’s behavior was obstructive and inappropriate. The judge ordered that Mr. D receive joint legal custody, along with 50% parenting time.

If you are in a similar situation where your ex-partner is not allowing you to participate in making parenting decisions or adequate visitation, then click on “CONTACT US” or call The Cantor Law Group to set an appointment today! Remember, we can often get the Court to order that you have the visitation and parental supervision that you are entitled to!

Court Orders Ex-spouse to Pay Our Client’s Attorney Fees

In the spring of 2007, Mrs. A retained the Cantor Law Group based upon a personal referral from another prominent local attorney. Mrs. A was having issues with her ex husband’s parenting time, drug use, failure to pay medical expenses, and failure to pay child support. At the beginning of the case, Mrs. A was owed approximately $45,000 in back child support and another $6,000 in past due medical expenses from her ex-husband.

Over the course of two hearings, our attorney received a $20,000 payment from the opposing party after he was incarcerated pursuant to our request citing Arizona Revised Statute 25-502(1), (which I refer to as the “Dead Beat Dad” statute) which allows the Court to set “purge” amounts and arrest warrants. Mrs. A. was awarded a judgment for 100% of her attorney’s fees and 100% of the past due medical expenses. The Court also awarded Mrs. A the parenting time she requested and ordered Father to drug test. In an effort to prevent future payment issues, our attorney requested an received a Court order that should Father fail to pay on time in the future, he will be incarcerated and won’t be released until he pays all remaining arrearages.

If you are in a similar situation where your ex-spouse is not paying what they owe, then click on contact us or call the Cantor Law Group to set an appointment today! Remember, we can often get the Court to order your ex-spouse to pay our attorney’s fees!

Court Upholds Wife’s Judgement

This case involved a client who walked into our Cantor Law Group Tempe office having already settled her divorce with another attorney. Her ex-husband then filed an Appeal challenging the decision of the Trial Court giving Mrs. C child support, spousal maintenance, and attorney’s fees. Her ex-husband was claiming that Mrs. C was not entitled to spousal maintenance and that child support had been incorrectly calculated. Specifically, in regards to his income, he claimed that attorney’s fees should not have been awarded and child support should have been reduced.

We filed the response on behalf of Mrs. C and then argued in front of the Court of Appeals. The Court of Appeals listened intently to arguments on both sides, and then took the case “under advisement.” This means we had to wait a little bit until they issued their written ruling. When the ruling was issued, the Court of Appeals ruled in our client’s favor on all issues. This included the determination of her ex-husband’s income, the amount of child support, and the awarding of attorney’s fees. They even went so far as to award Mrs. C the attorney’s fees on the Appeal itself. This means that she didn’t have to pay us for the work we performed; her ex-husband did!

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