Questions Answered by Kathryn L Hudson

Q: If you are 16 and pregnant can you move out with the father?

1 Answer | Asked in Family Law for Arkansas on
Answered on May 12, 2012
Kathryn L Hudson's answer
Unless you are legally emancipated from your parents or married, which requires parental consent, your parents are still your guardians and can enlist law enforcement or the courts to help them if they feel you are acting against your best interests. To be emancipated you have to file a petition with the court and serve notice on your parents, the court will want to see that you have a way of supporting yourself and a secure and safe place to live. Even with emancipation you will still be...

Q: My son is in jail for aggrevated robbery. This is his 1st offense. Should he take it to trial. Offer is now 25 years

1 Answer | Asked in Criminal Law for Arkansas on
Answered on May 12, 2012
Kathryn L Hudson's answer
Without more information it is difficult to render an opinion. There are many factors that need to be considered before taking a plea offered by the prosecution, an attorney will review all the evidence the state has and must turn over to the defense in order to counter back to the prosecution with another alternative. Taking the case to trial of course has risk but when there is a prosecutor that refuses to budge it is often the only choice. If your son does not already have a private attorney...

Q: How can I give up all my rights to my child in arkansas

1 Answer | Asked in Family Law for Arkansas on
Answered on May 12, 2012
Kathryn L Hudson's answer
Generally a parent cannot relinquish their parental rights absent a dependency neglect action or a step-parent that stands ready and willing to adopt your child. Be aware that relinquishing your rights does not necessarily stop a child support order that is in place.

Q: How do I appeal a divorce decree?

1 Answer | Asked in Divorce for Arkansas on
Answered on Jan 1, 2012
Kathryn L Hudson's answer
You generally have thirty days from the date of the entry of the Order to file a Notice of Appeal. If you were not properly served with process the Court does not have personal jurisdiction over you and you can petition to have the divorce set aside and any Order void.

Q: How to file malpractice

1 Answer | Asked in Medical Malpractice for Arkansas on
Answered on Jan 1, 2012
Kathryn L Hudson's answer
Medical malpractice is a civil tort for personal injury and must be filed within a certain time limit after the injury occurs, in Arkansas the time to file is within two years of the occurrence or one year following the discovery of a foreign object being left in the body. A person that suspects that malpractice has occurred should consult attorneys that specialize in medical malpractice cases as medical knowledge and access to expert witnesses is very important. The success of a malpractice...

Q: What activities if engaged in can make one liable for the offence of obscenity

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 1, 2012
Kathryn L Hudson's answer
The crime of obscenity is often challenged under the First Amendment because the definition of what is obscene depends on the standards of the community. The US Supreme Court definition of obscenity is "we know it when we see it." Any form of child pornography is the most obvious and carries very serious criminal penalties. Arkansas Code Annotated 5-68-303 says a person commits the felony crime of promoting obscene materials “if he or she knowingly promotes, or has in his or her possession...

Q: Can a probation officer cOme to your house to arrest you

1 Answer | Asked in Criminal Law for Arkansas on
Answered on Jan 1, 2012
Kathryn L Hudson's answer
Generally being on "probation" is a sentence imposed for being found guilty or pleading guilty to a crime. Rather than serving a sentence incarcerated the defendant is allowed to serve their time under either supervised or unsupervised probation under the judicial system through probation departments that monitor the defendant to ensure they are complying with the terms of their probation. When one is on probation they are under judicial supervision and that means one's right to certain civil...

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