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Questions Answered by Dustin A. Duke
1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: I am going through a divorce. MY spouse and I have had 3 sexual encounters but he tells me not to tell anyone, why?/

We have no "video" proof, but some texts where we have met or driving to meet eachother, texts as well saying he cant stop thinking of me since he saw me the night before...

Dustin A. Duke
Dustin A. Duke answered on Dec 12, 2019

One of the requirements for divorce is that you are separated from your spouse. Generally that means that you are no longer having a sexual relationship. If you all are still having sex, it could prevent you and your spouse from obtaining a divorce. Hope this helps.

1 Answer | Asked in Family Law for Arkansas on
Q: I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.
Dustin A. Duke
Dustin A. Duke answered on Dec 6, 2019

I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child, including... Read more »

2 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: What do you do if my boyfriend, who I have never married, keeps threatening to take my children?

He constantly threatens me with saying he will take the two children and claims to have money for a lawyer when I mentioned taking him to court.

Dustin A. Duke
Dustin A. Duke answered on Nov 2, 2019

Under Arkansas law, the mother of children born outside of marriage automatically has legal custody of them. In order to obtain custody, a father would have to (1) establish paternity, (2) show that he has financially supported the children and maintained a relationship with them, and (3) show... Read more »

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2 Answers | Asked in Estate Planning, Real Estate Law, Probate and Landlord - Tenant for Arkansas on
Q: My brother and I are listed as his and her on the deed to our land. The language doesn’t read right to survivorship.

I am needing to remove him from the deed, but I am wanting to avoid probate. Is there anyway around it?

Dustin A. Duke
Dustin A. Duke answered on Oct 30, 2019

You may not have provided enough facts for a complete answer, but best I can tell your brother has passed away and the two of you jointly held property together as tenants in common. If you and your brother were the owner of property as tenants in common, upon his death his ownership rights in the... Read more »

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1 Answer | Asked in Family Law for Arkansas on
Q: My daughter is 17 and her dad has custody and now she wants to come live with me What do we have to do where she can?

She live in Oklahoma and I live in arkansas

Dustin A. Duke
Dustin A. Duke answered on Oct 29, 2019

You would need to petition the court for change of custody. The petition would need to be filed in the county where the current court order is out of. Unless your ex agrees, you may not be able to change custody. In Arkansas, custody can only be changed (outside of agreement by the parties)... Read more »

2 Answers | Asked in Estate Planning for Arkansas on
Q: If a bank account has a beneficiary, does that override a will?

My father left one account with his child as beneficiary when he passed. It was only in his name. His wife emptied it. She is named as the executor of his estate in his will.

Dustin A. Duke
Dustin A. Duke answered on Oct 25, 2019

Generally, yes a valid beneficiary listed on a bank account (also sometimes known as a transfer on death TOD or pay on death POD designation) should remove that property from the account holder's probate estate and therefore the property is not transferable via Will. If the bank allowed your... Read more »

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1 Answer | Asked in Child Custody, Education Law and Family Law for Arkansas on
Q: Does a noncustodial parent where no court order of custody is present have the right to request school records?
Dustin A. Duke
Dustin A. Duke answered on Oct 22, 2019

The question is a little confusing, but I am assuming that since there is no court order and you refer to a non-custodial parent, that the parents were never married. In Arkansas, the mother of a child born outside of wedlock automatically has custody of him or her. The father has to establish... Read more »

1 Answer | Asked in Estate Planning for Arkansas on
Q: How do we officialize the changing of the trust by the primary beneficiaries when there'sno indication court's needed?

The trust does not state any court action is required to remove/change the trustee, and we had to change the trustee because he breached trust, coveted information, failed to administer or collaborate in order to resolve the trust in the best interest of the trust. We've needed the change to be... Read more »

Dustin A. Duke
Dustin A. Duke answered on Oct 21, 2019

Did the original trustee step-down? If so, he should state his resignation in writing. The terms of the trust will then dictate who the next trustee is. If the original trustee refuses to step-down then court action may be necessary to force his removal.

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: What does the written objection need to have specific verbiage?
Dustin A. Duke
Dustin A. Duke answered on Oct 21, 2019

You should include the style of the case at the top of the objection (i.e. the parties' names and case number). You should state in your objection that you object to the issuance of a writ of possession and then state the reasons why. You need to sign the objection, include your address and phone... Read more »

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: What petition should I use to transfer guardianship back to me if the guardian agrees?

Guardianship since 2012. . Grandma is not opposed. Say I just need to draft and file proper paperwork. I'm in Arkansas and not sure what to file

Dustin A. Duke
Dustin A. Duke answered on Oct 19, 2019

If the guardianship is here in Arkansas, and if you are a parent of the child, you would need to file a petition to terminate the guardianship. If you need assistance or have further questions, feel free to contact me.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I have primary custody of two daughters. I believe their father is using drugs. Can I ask that he be drug tested?

We live in Arkansas. The girls are 11&13. The oldest no longer wants to go to his house.

Dustin A. Duke
Dustin A. Duke answered on Oct 15, 2019

The short answer to your question is "yes." You could file a motion with the court in your previous custody case and allege that you believe your ex is on drugs and request a drug test. The judge would need to sign an order requiring your ex to take the test. You would likely be responsible for... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: My fiancee mother got adult guardianship over while he was in a coma from an accident 3 months ago. He is now awake

And talking . She placed him in a living rehab facility. He desires rehab from hom how. How can he terminate her guardianship

Dustin A. Duke
Dustin A. Duke answered on Oct 7, 2019

In order to terminate the guardianship he will have to show the court that he is no longer incapacitated. This can be done by having his treating doctor fill out an affidavit. He would also have to file paperwork with the court asking that the guardianship be terminated. His mother would be... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: From previous...does he file in Arkansas or Kentucky?

We are both seeking visitation with he having, at the least, joint custody, though full custody is ideal. We also want visitation with the child that is not his biologically and that child has no father listed on his birth certificate. My son has never been abusive to his ex girlfriend, but she has... Read more »

Dustin A. Duke
Dustin A. Duke answered on Sep 23, 2019

Feel free to contact me if you want to schedule a time for a consultation. I can be reached at (501) 960-6060.

1 Answer | Asked in Family Law for Arkansas on
Q: Does he file in Arkansas or Kentucky? Getting conflicting answers.

My son and his now ex-girlfriend have one biological child together plus he has raised her other son as his own since he was 2 months old. He is now 3. In April, she said she was going to visit family in Kentucky and never came back. She took the 3 year old and left the 2 year old. She came back a... Read more »

Dustin A. Duke
Dustin A. Duke answered on Sep 21, 2019

If the children lived here for six consecutive months before they were moved to Kentucky, then Arkansas has jurisdiction to hear child custody until the children have lived in Kentucky for six months. That said, if the child's mother claims that your son was abusive to her (and she can prove it)... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: I have a will that leaves everything to my daughter. Recently I decided to change beneficiaries on my stocks.

Do I need to change my will too

Dustin A. Duke
Dustin A. Duke answered on Sep 19, 2019

Property that you have a beneficiary (or transfer on death TOD designation) for, such as your stocks, passes outside of probate. That is, the property automatically will go to the person listed as the beneficiary with the financial institution or brokerage firm without the need to go through the... Read more »

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: can i legally go get my baby? if not what do i do?

My ex wont allow me to see my baby. I havent seen her for 5 weeks. My exs attorney wont allow me to come get the baby even though legally nothing has been decided about custody. I know legally right now we have equal rights to the baby but i dont what to get in trouble for just going to get her.

Dustin A. Duke
Dustin A. Duke answered on Sep 17, 2019

If you and your ex are married and the child was born during the marriage, then you are correct that you both have equal rights to him/her. Therefore, the law does not prevent you from getting your child from a third party such as daycare or school. However, if your ex has an attorney, it sounds... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: My kids live in ar and their dad filed for custody in ga. What can i do

I left because of domestic violence...we moved 6 months ago and he has a xhild support hearing tomorrow...he only filed cause i filed for support...

Dustin A. Duke
Dustin A. Duke answered on Sep 17, 2019

There are a few issues that you are facing with the Georgia lawsuit. The first is whether Georgia has jurisdiction to decide custody or does Arkansas now have jurisdiction. If there is a previous custody order out of Georgia or if your ex filed suit for custody in Georgia within six months from... Read more »

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