Mr. Garnice has over thirty years of experience in handling Arizona divorce cases, and is a fine example of how intelligent lawyering can advance a client's interests in a situation that is often difficult, to say the least.  Congratulations Victor!

"One would think that there would be legal uniformity as to parental and financial rights and responsibilities. In fact, state legislatures have mostly punted this hot-button issue, declining to readdress the definition of parentage in recent years and instead allowing their judicial systems to render inconsistent verdicts," said Liz Mandarano, a Manhattan family law and divorce attorney at Bikel & Mandarano, LLP and frequent blogger for the Huffington Post Divorce Vertical. "The inconsistencies create an enormous amount of uncertainty ranging from inheritance rights to child support and visitation."

The Uniform Parentage Act, last revised in 2002, is a model statute that was created by the National Conference of Commissioners on Uniform State Laws to serve as a guide for drafting family legislation. It recognizes that as many as five adults can be involved in the production of a single child, and adopted a functional family definition as opposed to one dominated by genetics. With regard to assisted conception, it encourages that States:

          --  Authorize gestational surrogacy agreements as valid contracts requiring
              court approval similar to adoptions.
          --  No longer require that at least one of a child's intended parents be
              genetically related.
          --  Recognize that egg and sperm donors are not the legal parents of a child
              under any circumstances.

Mandarano adds, "Unfortunately, only nine states have adopted versions of the 2002 Act, and for those who did, half have limited the parental rights to opposite sex married couples or declined to include the provisions related to surrogacy. Likewise, the Act does not acknowledge same sex couples, instead defining parents as a man and woman."

Some states even have conflicting rules relative to egg and sperm donation because some define genetic mothers as the legal mother but deem a married man the parent of a child conceived from an anonymous sperm donor. In other words, under this scenario, if a married couple used a donor egg and a donor sperm using a surrogate, then the anonymous woman who provided the donor egg is considered the legal mother, but the husband is considered the legal father.

Additionally, there has been an increase in the questionable practice of commercially contracting with foreign surrogate mothers in countries such as India. And what if, for example, a family undergoes alternative family planning in one state but then seeks dissolution of their marriage or union in another that has conflicting definitions of parentage?

Mandarano continues, "Whether you like it or not, families created through alternative reproductive methods are on the rise. States must acknowledge this trend and instead of seeking to prevent their use, should establish a method to report the offspring produced as a result of alternative reproduction technologies."

In an Arizona "no-fault" divorce, either spouse can seek a divorce for any reason, and it doesn't matter who's at fault.

However, under some very limited circumstances, a spouse can opt to pursue a "fault" divorce, in which adultery may play a role.  In those situations, it is always a good idea to consult with an attorney prior to making a decision as to how to proceed.  We, at Nirenstein Garnice PLLC are available and willing to answer those questions.

Till v. Berry

Don't buy into it.  Neither alimony obligations nor child support obligations can be changed by a bankruptcy court from what family court ordered.

However, to be safe many bankruptcy attorneys recommend filing a nondischargeability complaint in the bankruptcy case to ensure notice and protection of the receiving spouse’s interests.

And if there are arrearages in support, the spouse who is owed back-support is actually at the top of the list of creditors. Back support obligations come off the top of the “bankruptcy estate” (what the bankrupt spouse has left).

For more information, check out the article written by Sally Heirgstad, "Bankruptcy doesn't absolve spousal support payments."

Wow! This probably explains why he is not a divorce lawyer, and will not be a lawyer for much longer!

For more information on this case, see the full story from the ABA Journal.

Mothers are about 4-5 times more likely to receive sole
custody when the father has a history of arrests. Fathers, in contrast, are
nearly 10 times more likely to be granted custody if the mother has been
involved with family services.

For further information see article by Neil OSterweil of the Clinical Psychiatry News Digital Network.