P. Randall Bays | Sierra Vista Divorce & Family Lawyer

Case: In re Marriage of Winstanley 2010 WL 3607847 (Ariz.App. Div. 2) Summary: Mother appealed from the trial court's order awarding her former husband , sole legal and physical custody of their two minor children. She asserted the court abused its discretion by failing to make the findings required by A.R.S. §§ 25-403 and 25-403.01 and erred in weighing and applying the evidence to these factors in determining the best interests of the children. Result: Mr. Bays successfully convinced the Court of Appeals that the trial court's ruling on custody was correct and to affirm the trial court's decision Case: Deluca v. Deluca 2010 WL 2892884 (Ariz.App. Div. 2) Summary: Wife appealed from the trial court's order requiring her husband, from whom she had separated in 1996, to pay her a portion of his military retirement pay. She assered the court incorrectly calculated the payment amount based on Husband's retirement benefits at the time of her 2009 petition to convert the decree of legal separation to a marriage dissolution, rather than at the time of the decree of legal separation the court had entered in 1996. Result: Mr. Bays was successful in getting the Court of Appeals to vacate the order and remand the case to the trial court for further proceedings. Case: Deborah B. v. Alyssa C 2010 WL 457123 (Ariz.App. Div. 2) Result: Mother's oral waiver of her right to appear at a formal adoption hearing obviated the need for a written waiver of notice of the hearing. The mother's waiver was given while testifying over the telephone at a hearing to terminate the father's parental rights, and was made personally, expressly, and under oath. The mother had consented to the child's adoption, and no purpose would have been served by giving her formal notice of a hearing she had already waived her right to attend. A.R.S. § 8-111(4). Result: Mr. Bays was successful in getting the Court of Appeals to vacate the order and remand the case to the trial court for further proceedings. Case: Matsuura v. Loving 2008 WL 4061074 (Ariz.App. Div. 1) Summary: Initially, the Court of Appeals addressed whether it had jurisdiction to resolve issues in an appeal from a decree of dissolution when a party to the appeal has died during the pendency of the appeal. Husband's motion to dismiss argued that the Court lacks jurisdiction to consider Wife's appeal due to her death after the notice of appeal was filed. The Court of Appeals applied the rule followed in a majority of jurisdictions and held that it had jurisdiction to resolve any property issues which may be affected by the divorce, despite the death of one of the parties. Result: Held that Wife's heirs should have a remedy to correct any errors in the division of the property in the divorce. However, Mr. Bays was successful in convincing the Court of Appeals to uphold the trial court's division of property. Case: In re Marriage of Diezsi 201 Ariz. 524, 38 P.3d 1189 (App. Div. 2 2002 ) Summary: Father filed post-dissolution petition against mother for change of custody. The Superior Court entered order denying father's petition, and father appealed. The Court of Appeals held that (1) trial court was required to make specific findings of fact on statutory “best interests of child” factors; (2) father was not entitled to have trial court apply rebuttable presumption concerning mother's drug conviction; and (3) mother's drug conviction entered two months after father filed petition was relevant factor for court to consider in determining the best interests of child. Result: Mr. Bays was successful in convincing the Court of Appeals to vacate in part the trial court's decision and remand with directions.