Attorney Paul R. Bays's Legal Cases

Military law

In re Marriage of Park, 2014 WL 4725823 (Ariz.App. Div. 2 Sep 23, 2014) (NO. 2 CA-CV 2013-0102)

Sep 23, 2014

OUTCOME: Court of Appeals affirmed trial court's order that Mr. Park pay unpaid military retired pay to Michelle Park.

Robert Park appealed from the trial court's order modifying the decree of dissolution between himself and his former wife, Michelle Park (represented by Mr. Bays). Robert argued the court erred by orde ... ring him to pay Michelle for previously unpaid military retirement benefits, by failing to order that the retirement benefits be considered taxable income to Michelle, and by awarding Michelle her attorney fees and costs.

Child custody

William Cummer v Katie Jones (2013 Federal District Court CV 13-0263-TUC-RCC)

Jul 24, 2013

OUTCOME: The Federal Court in Arizona denied Father's Petition to return the minor child to Canada pursuant to the Hague Convention.

Father filed a Petition for Return of Minor Child (Petition) seeking return of the parties’ minor child pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Convent ... ion) and it’s implementing legislation, 42 U.S.C. § 11603(a), the International Child Abductions Remedies Act. After a two day trial, the Federal Court found that Mother (represented by Bays) had demonstrated that the parties’ minor child was a habitual resident of the United States at the time of his removal from Canada to Arizona.

Child support

McDonald v. McDonald 2013 WL 655315 (Ariz.App. Div. 2 Feb 22, 2013) (NO. 2 CA-CV 2012-0075

Feb 22, 2013

OUTCOME: Trial Court's decision affirmed on all issues

Mr. McDonald appealed a trial court order entered against him in favor of his former wife Debra McDonald (represented by Bays), following the parties' post-decree petitions to modify, inter alia, child ... support and parenting time. He also challenges an award of attorney fees and costs.

Child custody

Sheri L. v. Alex T., 2011 WL 2695735 (Ariz.App. Div. 2 Jun 30, 2011) (NO. 2 CA-JV 2010-0130)

Jun 30, 2011

OUTCOME: The Court of Appeals vacated the court's order denying the petition to terminate Alex's parental rights and remand the case for reconsideration under the correct legal standard.

After a contested severance hearing, the juvenile court denied appellant Sheri L.'s (represented by Bays) petition to terminate the parental rights of her former husband, Alex T., to their two children ... , Madison and Marcus, born in 2000 and 2003. The petition asserted abandonment as the sole ground for termination. See A.R.S. §§ 8–533(B)(1), 8–531(1). Sheri appealed from the court's order denying the petition, asserting the court erroneously applied the law relevant to abandonment. She also contended the court abused its discretion by denying her petition to sever, failing to make additional findings on the record showing Alex had “statutorily abandoned” the children.

Child custody

In re Marriage of Winstanley 2010 WL 3607847 (Ariz.App. Div. 2)

Sep 16, 2010

OUTCOME: 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

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 t ... he 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.

Divorce and separation

Deluca v. Deluca 2010 WL 2892884 (Ariz.App. Div. 2)

Jul 23, 2010

OUTCOME: 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.

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.

Adoption

Deborah B. v. Alyssa C 2010 WL 457123 (Ariz.App. Div. 2)

Feb 10, 2010

OUTCOME: 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.

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 telepho ... ne 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).

Divorce and separation

Matsuura v. Loving 2008 WL 4061074 (Ariz.App. Div. 1)

Feb 14, 2008

OUTCOME: 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.

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.

Child custody

In re Marriage of Diezsi 201 Ariz. 524, 38 P.3d 1189 (App. Div. 2 2002 )

Jan 15, 2002

OUTCOME: Mr. Bays was successful in convincing the Court of Appeals to vacate in part the trial court's decision and remand with directions.

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 co ... urt 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.

Paul R. Bays's Legal Cases (9)

In re Marriage of Park, 2014 WL 4725823 (Ariz.App. Div. 2 Sep 23, 2014) (NO. 2 CA-CV 2013-0102)

William Cummer v Katie Jones (2013 Federal District Court CV 13-0263-TUC-RCC)

McDonald v. McDonald 2013 WL 655315 (Ariz.App. Div. 2 Feb 22, 2013) (NO. 2 CA-CV 2012-0075

Sheri L. v. Alex T., 2011 WL 2695735 (Ariz.App. Div. 2 Jun 30, 2011) (NO. 2 CA-JV 2010-0130)

In re Marriage of Winstanley 2010 WL 3607847 (Ariz.App. Div. 2)

Deluca v. Deluca 2010 WL 2892884 (Ariz.App. Div. 2)

Deborah B. v. Alyssa C 2010 WL 457123 (Ariz.App. Div. 2)

Matsuura v. Loving 2008 WL 4061074 (Ariz.App. Div. 1)

In re Marriage of Diezsi 201 Ariz. 524, 38 P.3d 1189 (App. Div. 2 2002 )