Law Office of Katherine Kraus, PLLC Law Office of Katherine Kraus, PLLC 2026-07-15T18:58:39Z https://www.krauslawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1203462/2023/03/cropped-LawOfficeOfKatherineKraus_SITEICON_512x512_MAR23-32x32.jpg On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[What should I do if I can not afford our existing child support agreement?]]> https://www.krauslawfirm.com/?p=49599 2026-07-15T18:58:39Z 2026-07-15T18:56:51Z child support agreement protects financial care for a child and creates a binding commitment between parents. Arizona lawmakers recognize that circumstances can change and allow for modifications to this legal document. The law generally allows for these changes when a parent experiences a significant change in circumstances. 

Start with the basics: Arizona’s modification standard

Under Arizona law, parents may modify a child support order when there is a large change in circumstances. It is important to note that this change must not be a one time or short term issue, but one that you expect to be long term. Common examples include a significant increase or decrease in income, a job loss, a change in parenting time, a new child support obligation or major changes in childcare or health insurance costs. Arizona courts generally apply the Arizona Child Support Guidelines and will compare the current order to what the Guidelines would require.

What to do right away when circumstances change

Before you file anything, take a breath and organize related paperwork. The steps below help you protect your position and reduce conflict. Gather proof of the change, such as pay stubs, termination letters, medical insurance invoices, daycare receipts and parenting time calendars. It is important to move forward in a prompt manner because Arizona generally will not modify support retroactively earlier than when you begin the official process. Waiting can be expensive.

Filing options and dispute resolution

Once you have documentation, you can pursue a modification. The process generally moves forward as follows:
  1. File a petition to modify child support and properly serve the other parent  
  2. Consider mediation or settlement discussions  
  3. Prepare for a hearing if you cannot agree, including updated financial affidavits and exhibits
In an Arizona child support dispute, the strongest approach is prompt action grounded in accurate financial information and the Guidelines. If the change is substantial and continuing, modification is often appropriate. ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[What to do if you are accused of being a narcissist during a divorce]]> https://www.krauslawfirm.com/?p=49598 2026-06-30T08:29:18Z 2026-06-30T08:29:18Z Concrete steps to safeguard your position If your spouse has labeled you a narcissist during your divorce, the following actions can help you stay credible:
  • Keep all exchanges with your spouse civil, brief and well-documented
  • Avoid retaliating with your own accusations or airing grievances on social media
  • Follow all court orders to the letter, including temporary custody schedules, financial disclosures and parenting plans
  • Consider working with a therapist or counselor — not as an admission of fault, but to demonstrate emotional stability
By maintaining consistent boundaries, you help redirect the court's attention toward the actual merits of your case rather than interpersonal conflicts. This measured approach provides legal counsel with the foundation to advocate for your long-term interests.

Court standards for character-based claims

Judges base legal and physical custody decisions on a set of factors tied to the child's welfare, not on informal labels. These include the mental and physical health of each parent, the quality of each parent's bond with the child and their willingness to support the child's connection with the other. If the court orders a custody evaluation, a licensed mental health professional may examine each parent's fitness through interviews, testing and sometimes home visits. State law also considers whether a parent has tried to mislead the court to sway a custody outcome, so a claim that appears strategic rather than genuine may reflect poorly on the party who raised it.

Responses grounded in documentation

When faced with a character claim, the most effective response tends to be one rooted in clear facts. Compiling documents of your role in your child's daily life — school notes, medical visit records and activity schedules — can demonstrate your parenting without relying on self-assessment. If a court-ordered evaluation becomes part of your case, fully participating might serve your interests. Judges can sometimes interpret pushback or reluctance as evasive, regardless of the underlying reason. Because of the emotional toll the divorce proceedings might take on you, consulting with an attorney before you make any response allows you to carefully evaluate your options. They can provide an objective perspective that focuses on protecting your long-term interests in court.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Changing joint to sole decision-making in Arizona]]> https://www.krauslawfirm.com/?p=49595 2026-06-16T20:42:27Z 2026-06-16T20:41:52Z Sharing parenting time and responsibilities after divorce or separation allows both parents to have the opportunity to play a  meaningful role in their child's life. Arizona courts often advocate for the idea that children benefit from having both parents involved.  However, situations can change. One parent may later ask the court to award sole legal decision-making responsibilities instead.

Grounds for seeking sole legal decision-making

Sole legal decision-making gives one parent the exclusive authority to make major life decisions for the child. While this parent is often the primary residential parent, "sole decision-making" does not automatically mean the other parent loses all parenting time (visitation). To change an existing order in Arizona, the parent requesting the change must generally wait at least one year from the date of the previous order, unless there is evidence that the child’s present environment places them in serious physical, mental, moral or emotional danger. To succeed, the petitioning parent must prove there has been a substantial and continuing change in circumstances affecting the child’s welfare. In other words, something significant must have happened since the original order. This could refer to harmful behavior from the other parent, such as substance abuse, neglect, physical abuse or refusal to follow the parenting plan. A court will not approve a change just because one parent feels unhappy with the current arrangement.

How do courts decide whether to make changes?

The court will examine many factors before approving a change to sole legal decision-making. These include the mental and physical health of each parent, each parent’s ability to provide stability and the relationship between the child and each parent. The court may also consider the child’s preferences if the child is old enough to express a mature opinion. If one parent repeatedly interferes with the other’s parenting time or refuses to communicate, the court may decide that joint custody no longer serves the child’s needs. In these cases, the court may transfer legal decision-making to the more cooperative parent.

The importance of evidence

Changing custody requires strong evidence. Parents should keep records of serious problems that result from the other's actions. Witness testimony and documented incidents can help support a request for sole custody.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[5 tips to set children up for success after parents divorce]]> https://www.krauslawfirm.com/?p=49594 2026-05-14T19:56:20Z 2026-05-14T19:56:20Z divorce is often scary for children because it will likely change their daily life, routine, and sense of stability. Parents can take proactive steps to help their children through this difficult time. The following are five examples that can set children up for a successful transition into family life after their parents finalize their divorce. 

Tip 1: Build a stable routine

Children succeed when life feels predictable. Using consistent schedules for school mornings, homework time, bedtime and activities between households can help to create a feeling of routine. Families that use a nanny or au pair can have the caretaker travel with the children between homes to further create a sense of stability. Align routines across households when possible. Post calendars where children can see them and give advance notice for any changes. Predictability can help to lower anxiety, improve sleep and support school performance.

Tip 2: Use child-centered communication

Speak to children with clarity using calm and age-appropriate language. Avoid details, allow for questions and validate their feelings. Remind them the divorce never happened because of them. Keep messages consistent across households when possible.

Tip 3: Create strong co-parenting boundaries

Children can also benefit when parents have some consistency regarding parenting decisions. Keep conflict away from children, away from pickups and away from school events. Use written tools for logistics and to help reduce spontaneous arguments. Focus on decisions that serve the child’s health, education and social life.

Tip 4: Support emotional health through resources

Some children need more support than parents can provide during a divorce. School counselors, child therapists and support groups can offer structure, coping skills and a neutral space. Watch for sleep problems, declining grades, withdrawal or aggression. Early support prevents long-term patterns.

Tip 5: Protect the parent-child relationship

Children measure safety through connection. Prioritize one-on-one time, consistent check-ins and reliable follow-through. Keep promises and show up for school events. Encourage the child’s relationship with the other parent when safe. Courts often reward cooperative parenting and children generally benefit most from it. Children can succeed after divorce when parents lead with stability, boundaries, emotional support and steady connection. Focus on predictable routines, respectful communication and low-conflict co-parenting. The legal process ends but parenting continues. Your choices during this transition can shape your child’s confidence for years.  ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Setting boundaries during a divorce]]> https://www.krauslawfirm.com/?p=49593 2026-05-06T14:38:39Z 2026-05-06T14:38:39Z Signs you may need stronger boundaries Some communication habits can make divorce more stressful than it already is. You may need stronger boundaries if you notice the following:
  • Your spouse contacts you constantly about issues unrelated to the divorce or children
  • Conversations quickly turn into arguments
  • One parent uses the children to pass messages
  • Your spouse expects immediate replies at all hours
  • You feel guilty every time you say “no”
  • You agree to requests just to avoid another fight
These patterns can increase emotional stress over time. They can also create more conflict during discussions about parenting, finances or scheduling.

What healthy boundaries may look like

Healthy boundaries will look different in every family, but they often focus on respectful communication and realistic expectations. During divorce, you may decide to create limits that help reduce unnecessary conflict and keep conversations productive. This can look like:
  • Keeping conversations focused on parenting, schedules or divorce-related issues
  • Using text messages or emails when phone calls often become hostile
  • Setting reasonable expectations for response times
  • Avoiding arguments on social media
  • Respecting parenting schedules and personal privacy
  • Avoiding negative comments about the other parent in front of the children
These boundaries may help you avoid misunderstandings and create more stability during the divorce process. If you have children, they may also help your family adjust to changes with less tension at home.

Why boundaries can help reduce conflict

Poor boundaries often lead to larger disagreements. Heated communication can make parenting discussions and financial negotiations harder to resolve. Repeated arguments may also increase emotional strain during divorce. Arizona courts generally encourage respectful co-parenting relationships when possible. Calm communication and reasonable boundaries may help keep the focus on your children’s needs instead of ongoing conflict between parents.

Creating healthier communication during divorce

Divorce often brings frustration and emotional exhaustion. Healthy boundaries may reduce conflict, improve communication and help create more stable routines for your children. Over time, small boundaries may help make difficult conversations more manageable and reduce stress throughout the divorce process.  ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Your child refuses visitation. Now what?]]> https://www.krauslawfirm.com/?p=49592 2026-04-15T15:47:29Z 2026-04-15T15:47:29Z What Arizona courts expect from you as a parent Even when a child pushes back, the court focuses on the parent’s conduct. Judges look to see whether you made a real effort to follow the order. In most cases, that means:
  • The custody order remains in effect until a court formally modifies it
  • The child does not have the legal authority to refuse parenting time
  • The court may weigh age and maturity, but will not treat them as decisive in determining compliance
  • The parent must make a good faith effort to follow the schedule
  • Repeated missed visits may raise concerns about non-compliance or interference
When a child refuses to go, the issue does not end there. The court will focus on your response and whether your actions align with the obligations imposed by the order, rather than deferring to the child’s stated preference.

What you should do when your child refuses

In the moment, you may try to balance your child’s needs with your responsibility to follow the order. In many situations, parents may consider steps like the following:
  • Staying calm to avoid increasing the child’s resistance
  • Encouraging the child to go, without using force or threats
  • Taking note of what occurred, including dates and the child’s response
  • Keeping a record of your efforts to follow the schedule
  • Communicating with the other parent in a neutral, child-focused way
Courts often assess whether your response was reasonable. A steady and consistent approach helps show that you acted in good faith and made a real effort to comply, even in circumstances where compliance is not straightforward or easily achieved.

When refusal becomes a legal issue

One missed visit may not lead to legal action, but a pattern of refusal can create problems over time. As missed exchanges add up, the other parent may question whether the order is being followed and may seek enforcement through the court. If the issue continues, a judge may step in, especially if the plan no longer works in practice or if one parent does not support it. The focus then shifts from the child’s refusal to whether each parent has taken reasonable steps to follow the order, including patterns of conduct and documented efforts that show a consistent effort to comply over time.

When it may be time to revisit the custody order

Some situations may point to a deeper issue the current order does not address. An older child may resist consistently, or concerns may arise around school or the child’s relationship with the other parent. Over time, the plan may no longer reflect what works for your family as circumstances change. It is natural to want to respect your child’s feelings while still following the order. When refusal becomes a pattern, it may signal that the current arrangement no longer fits your family’s reality and that a more workable structure may better reflect those changing circumstances, particularly where the existing order no longer aligns with how parenting time functions in practice.      ]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Do fathers automatically get 50/50 custody in Arizona?]]> https://www.krauslawfirm.com/?p=49591 2026-04-13T21:32:36Z 2026-04-13T21:32:36Z How custody is defined in Arizona Arizona law avoids the traditional term “custody” and instead focuses on two key concepts: legal decision-making and parenting time. Legal decision-making refers to a parent’s authority to make major choices about the child’s upbringing, such as education and healthcare. Parenting time addresses how much time each parent spends with the child.

Is 50/50 parenting time the standard?

While Arizona law encourages meaningful involvement from both parents, equal parenting time is not guaranteed. Judges often consider a 50/50 arrangement, especially when both parents are actively involved and capable. However, the court will only approve that structure if it genuinely benefits the child. Equal time only works when it promotes stability. If a different schedule better supports the child’s routine, emotional needs, or safety, the court will choose that instead.

What judges look at in custody cases

Every custody decision revolves around the “best interests of the child.” This standard gives judges flexibility to evaluate each family’s unique circumstances. They will look closely at the child’s relationship with each parent, the level of involvement each parent has shown, and the ability of each parent to provide a safe, stable environment. The court also considers how well the child is adjusted to their home, school, and community. A parent’s willingness to cooperate and support the child’s relationship with the other parent can carry significant weight. In more serious situations, issues like domestic violence, substance abuse, or neglect may heavily influence the outcome.

When fathers can achieve equal parenting time

Fathers in Arizona have the same legal rights as mothers. Courts do not favor one parent over the other based on gender. If you have been consistently involved in your child’s life and can offer a stable, supportive environment, a 50/50 arrangement may be realistic. That said, the outcome often depends on how well you present your role as a parent. Demonstrating reliability, consistency, and a willingness to co-parent effectively can strengthen your position.

Why speaking with a lawyer matters

Custody cases involve more than simply asking for equal time. You need to present a clear parenting plan, support your claims with evidence, and respond effectively to the other parent’s arguments. This is where experienced legal guidance becomes critical. A family law attorney in Arizona can help you understand how the law applies to your situation, develop a strong strategy, and advocate for your parental rights. More importantly, they can help you focus on what the court cares about most: your child’s best interests. Fathers do not automatically receive 50/50 custody in Arizona, but they are not at a disadvantage either. The law supports active parenting from both sides if it benefits the child.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Setting Boundaries During A Divorce]]> https://www.krauslawfirm.com/?p=49590 2026-03-16T06:51:38Z 2026-03-16T06:51:38Z Divorce can bring constant requests, emotional pressure and difficult conversations. Clear boundaries can help protect your well-being while keeping the legal process focused and manageable.

Why saying no can feel so difficult

Many people struggle with boundaries during divorce because they want to avoid conflict or disappointment. The desire to keep the peace can make it harder to say no, even when a request feels unreasonable. Psychologists note that people often confuse boundaries with attempts to control others. A boundary defines what you are willing or able to do. A wish list focuses on what you want someone else to change. When those lines blur, frustration and emotional burnout may follow. You can read more about this dynamic in this explanation of . Divorce often intensifies this pattern. One spouse might continue asking for favors, schedule changes or financial flexibility. Without clear limits, these requests may slowly create stress or resentment. Understanding this internal pressure helps explain why boundary setting can feel uncomfortable at first.

Boundaries that can help during divorce

Boundaries are not about punishment or control. They create structure so each person can move through the process with fewer conflicts. Several practical boundaries may help reduce tension:
  • Communication limits: Treat discussions like business conversations. Use email or co-parenting apps when needed
  • Scheduled discussions: Set specific times to talk about divorce matters instead of responding to constant messages.
  • Topic limits: Focus only on legal or parenting issues instead of revisiting past relationship conflicts.
  • Personal space: If you still share a home, separate bedrooms may reduce daily tension.
  • Social boundaries: Decide how you will handle holidays, mutual friends and extended family gatherings.
Consistent boundaries can help keep discussions focused and prevent small issues from escalating.

Protecting children with clear limits

Children often experience confusion or anxiety during divorce. Clear boundaries between adult conflict and parenting decisions may help reduce stress. Parents often set limits such as:
  • No negative talk: Avoid criticizing the other parent in front of the children.
  • Stable routines: Maintain consistent schedules for school and visitation.
  • Age-appropriate explanations: Share simple information without involving children in legal disputes.
Courts often review parenting plans with the child’s best interests in mind. Predictable routines and respectful communication may support that goal.

Consider speaking with an Arizona family law attorney

Divorce involves emotional decisions as well as legal rights. Boundaries may help reduce conflict but legal guidance can clarify what Arizona law allows and requires. A family law attorney may help you understand issues such as parenting plans, asset division and financial obligations. Legal advice can also help prevent informal agreements that may create problems later in the process.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[Why Arizona courts cannot order reunification treatment]]> https://www.krauslawfirm.com/?p=49589 2026-03-09T07:19:56Z 2026-03-09T07:19:56Z led to a recent change in Arizona law you should know about. Understanding what this means for your case can help you prepare for what comes after the divorce.

The line between judicial power and clinical care

Family courts hold broad power over custody and parenting time in Arizona. But that power has limits when it comes to a child's mental health care. Judges apply the law, not therapy methods or child psychology. When a court orders a child into a specific treatment, it may cross into territory better left to trained clinicians. A central concern is that some programs require children to undergo overnight stays away from their primary parent.

The legal framework behind Arizona's reunification limits

Senate Bill 1372 was signed into law in 2024, limiting the court's ability to order certain extreme reunification programs. Without the consent of both parents, the treatment cannot require any of the following:
  • A no-contact order with the aligned parent
  • An overnight, out-of-state or multiday stay
  • A transfer of physical or legal custody
  • The use of private youth transport agents who rely on force or threats
Furthermore, the law prohibits courts from forcing a child into any treatment that uses undue coercion, verbal abuse or efforts to cut a child off from their support system.

The options still open to family courts

This new legislation does not eliminate the court's toolkit in custody disputes. Judges retain the authority to order traditional family counseling or therapy, provided the treatment strictly avoids the prohibited conditions outlined in the statute. Family courts can modify parenting time, mandate parent education classes or implement supervised visitation to help safely rebuild the parent-child bond. These established legal pathways allow the court to address core family dynamics without resorting to the extreme measures associated with unregulated reunification programs.]]> On Behalf of Law Office of Katherine Kraus, PLLC <![CDATA[2 common child custody challenges in Arizona same-sex divorce]]> https://www.krauslawfirm.com/?p=49586 2026-03-03T07:17:51Z 2026-03-03T07:17:51Z Establishing legal parent status before custody decisions Arizona courts decide legal decision-making and parenting time for legal parents. If your child was born during your marriage, Arizona law may treat you as a presumed parent even without a biological tie. Still, you might run into problems when records do not match your family story. You may face extra friction when your child was born before the marriage, only one name appears on a birth certificate or you did not finalize an adoption or parentage order.

Resolving parenting time and decision-making disputes

After the court recognizes both parents, the focus may shift to structure. An Arizona judge reviews your child’s best interests and your ability to support stability and routine. You and your spouse may disagree over control, logistics and distance. The following areas of conflict may come up:
  • Setting a weekly schedule that fits school and work
  • Dividing major choices like medical care and education
  • Managing a move out of state or over 100 miles within Arizona
  • Handling conflict tied to a new partner or a new household
Each of these disputes can affect where your child lives and who makes key decisions. Even narrow disagreements may influence the overall parenting plan once the court reviews the facts.

Planning for custody conversations ahead

Custody concerns can feel heavy when your child’s routine may change. If you move toward divorce, you might begin by reviewing key records tied to your role as a parent. You could also gather school and medical information that reflects your involvement. You may then sketch a realistic schedule and think through decision-making roles before discussions begin. Thoughtful preparation can help you enter child custody talks during divorce with a steadier footing and clearer priorities.]]>