Custody/Children Issues

The following Arizona cases are either often-cited or recent decisions in matters relating to child custody and children's issues:

1. Fry v. Garcia, (Ct.App. Div. 1 2006).
   While mother and father were unmarried, Grandparents filed a petition to establish grandparent visitation.  After reaching an agreement, approved by the court, Grandparents filed a second request. By this time, Mother and Father had married and were in the process of a divorce.  Grandparents moved to enforce the order.  Mother filed a motion to set aside the original order, which the court denied.  The Court of Appeals affirmed holding that A.R.S. Section 25-409(A)(3) does not divest the superior court of jurisdiction over granparent visitation issues when the parents of a child born out-of-wedlock subsequently marries.
   
2. Jeter v. Mayo Clinic, (Ct.App. Div. 1 2005). 
   Husband and Wife went to Mayo Fertility Clinic.  Wife had her eggs harvested and fertilized with Husband's sperm, and the resulting organisms were cryo-preservered.  When fertilization procedures failed, the couple requested that the remaining organisms to another clinic.  Not all were succesfully transferred.  The couple sued under the wrongful death statute for negligent loss or destruction of property, among other claims.  The Arizona Court of Appeals held that these organisms were not "persons" under the Arizona wrongful death statutes based on the statutes themselves, the legislative history, Arizona case law, and the case law of other states.