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Questions Answered by Stefan K. McBride

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on

Q: My daughter is getting divorced her car is in husband's name only. is she responsible for the balance if she returns car

The car my daughter is currently driving is financed in her soon-to-be ex-husband's name only. At one point the vehicle was paid off and without her knowledge he refinanced both her car and his truck for purposes of generating capital. The bank has threatened to repossess the car if she does not... Read more »

Stefan K. McBride answered on Jun 5, 2017

Arkansas is not a community property state, but that doesn't change the answer to your question. If her name is not on the car note, she cannot be held responsible for that debt unless the divorce judge makes her responsible. Even in that case, the only person the financing company can come after... Read more »

1 Answer | Asked in Child Custody for Arkansas on

Q: How do i add my name to my sons birth certificate without his mothers cooperation and how do I find out who has custody?

She signed over custody for a period of time to someone else because she couldnt provide for him and I have no idea if it is still in effect.I was incarcerated for 2 1/2 years out of 3 of my sons life.Ive always wanted to be involved but his mother was uncooperative. She currently has our child... Read more »

Stefan K. McBride answered on Jun 5, 2017

If the mother of the child does not agree to the name change, you will have to petition a court to change the birth certificate. There are several factors that a court will use to determine whether it is in the child's best interest to allow the name change.

1 Answer | Asked in Child Custody for Arkansas on

Q: If I have a 1 year old baby can her mother bring her new boyfriend over to stay the night when my daughter is there?

Is there such a thing as father confusion in Arkansas? My daughter is only 1. Her mother has already dated and moved in 1 outside we split 6 months ago and is already letting another guy stay over all weekends and taking my daughter to social events such as the rodeo and stuff...is that legal?

Stefan K. McBride answered on Jun 5, 2017

Unless there is a court order specifically prohibiting such behavior, your baby's mother can introduce the child to her new boyfriend.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on

Q: I'm gonna be 17 in Oct.Can I move out without emancipation or parent permission from AR to MO with other family members?

I'm 16 turning 17 in October and I want to move in with my other family members (Dad or sister or brother) when I turn 17 without parent permission or emancipation from Arkansas to Missouri. My older sister or brother would come pick me up from Arkansas, but I don' want to get them in trouble. Can... Read more »

Stefan K. McBride answered on Jun 5, 2017

Unless you are emancipated or have your parent's consent, you cannot move out of the house.

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Arkansas on

Q: If I'm 17, but finished with HS completely, can I move out of my dads house without him trying to label me as a runaway?

Stefan K. McBride answered on Apr 5, 2017

You cannot move out until you are 18 without your parent's consent.

1 Answer | Asked in Child Custody and Family Law for Arkansas on

Q: Want to move in with my bf, but my ex said he would file for full custody even if we marry. We have one 4 y.o. child.

I live in Marion, Arkansas and am wishing to relocate to Braden, TN. with my boyfriend, which is just outside of Memphis. It's a 50 mile relocation and there is nothing in the papers stating that cannot happen. There are many reasons why this move makes sense. I have discussed with my ex and have... Read more »

Stefan K. McBride answered on Apr 5, 2017

If you have true joint physical custody, you will not automatically be able to relocate. Instead, you'll have to show that it is in the children's best interests. You are definitely going to need to hire a lawyer for this issue.

1 Answer | Asked in Divorce for Arkansas on

Q: Through divorce proceedings, can I hold my husband responsible for a truck that was purchased for him but, in my name?

I have filed for divorce myself. However, while we were together we purchased a truck for him but, it's financed in my name only. We have been separated around 18 months & he's had the vehicle in his possession until approx. 3 weeks ago. He basically dumped me with it & with the payments behind.... Read more »

Stefan K. McBride answered on Mar 28, 2017

A judge might give him that debt, but he or she can't extinguish the responsibility you owe to the person who financed the truck.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Arkansas on

Q: First appearance in fins court i tested positive.. and my children was removed by DHS is that illegal?

My daughter had fins filled on her for trudacy but there was no trudacy her teacher had quit and keep her doctors notes instead of turning them in. She will not make it to 10 grade. Because of this. But I lost custody of my children for the failing of one test.

Stefan K. McBride answered on Mar 28, 2017

Even if they've been removed, the DHS goal is almost certainly reunification with you. You'll just need to pass some drug tests.

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on

Q: If I appeal a guilty verdict, will a charge that rec'd directed verdict in trial come back if the appeal is successful?

A felony trial ended in a guilty verdict. However, a separate charge in the trial received a directed verdict. I'm thinking of appealing the guilty verdict, however I'm worried that if my appeal is successful, the charge that received a directed verdict would be reinstated in a new trial. Thoughts?

Stefan K. McBride answered on Mar 21, 2017

The State cannot appeal (or cross-appeal in this case) a verdict of non-guilty.

1 Answer | Asked in Child Custody for Arkansas on

Q: I am still married but separated from wife we have a son . She is keeping my son from me. Never been served papers

I just want to know if she has a legal right to keep me away from my son when we're still married but yes we are separated I've had him every weekend without saying anything to me she just took it upon herself to stop me from seeing him and said she taking the advice of her lawyer do I have a legal... Read more »

Stefan K. McBride answered on Mar 20, 2017

If you are separated, you need to file for divorce and get a visitation/custody order that clarifies your rights. Right now, it is the Wild West, which means she can do what she wants.

1 Answer | Asked in Domestic Violence for Arkansas on

Q: can petitioner be arrested for violating order of protection

Stefan K. McBride answered on Mar 20, 2017

Yes.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arkansas on

Q: If I posted someone's cell number online and asked them to message said number with lewd pictures, is that harrassment?

Backstory: The number belongs to husbands daughter's mother. She has repeatedly contacted my husband and myself with unwanted calls/text. She throws racial slander and came to my job to cause problems. Admittedly I waited to let my anger blow over. I overreacted and may have went too far.

Stefan K. McBride answered on Mar 20, 2017

Yes, that constitutes harassment.

1 Answer | Asked in Child Custody for Arkansas on

Q: I have a teen living with me because parent was unable to care for her. (8 months) Do I have any legal rights?

Stefan K. McBride answered on Mar 17, 2017

You do not have any legal rights unless the parents have given you power of attorney over the child or you have gone to court and asked for rights.

1 Answer | Asked in Divorce for Arkansas on

Q: Can a spouse of an active military personal receive health benefits if they get a divorce before the expir. of 20 yrs

I am going through a divorce I have been married 18 years and my soon to be x wife is trying to make me continue covering her on my tricare insurance? Do I have to legally do that?

Stefan K. McBride answered on Mar 17, 2017

The benefits she will receive depends on how many years you have been married, how many years you were in the military, and how many of those years overlapped. It is a fact-specific question.

1 Answer | Asked in Adoption for Arkansas on

Q: Can my soon husband adopt my daughter without consent of biological if he has not paid child support

He was ordered to pay in May 2016 and hasn't willing paid at all garnishment of check of 68.24... then quit his job.. My soon to be husband wants to adopt my 14 month old he has been active since she was 4 months old.... Supported her since..

Stefan K. McBride answered on Mar 17, 2017

If he has not paid child support or seen the child in one year, you may be able to get around his consent to the adoption.

1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on

Q: I have had a child in my care for the past 6 years. I am not the childs biological father, the child was removed by DHS.

Do I have any legal courses I can take to get visitation rights to this child or have him returned to my care? The mother volunrary placed him with me when he was 2 and he is now 8.

Stefan K. McBride answered on Mar 16, 2017

To your question on visitation rights: You should be able to get court-ordered visitation because you have stood in loco parentis to the child. You may also be able to get custody or even adopt the child, depending on the particular facts of your case.

1 Answer | Asked in Civil Rights and Divorce for Arkansas on

Q: I just found out when I married my husband two years ago he was stil married to his wife. What legal action can be take?

Stefan K. McBride answered on Mar 15, 2017

You can file a declaratory action to have a judge pronounce that your current marriage is void.

1 Answer | Asked in Divorce for Arkansas on

Q: I have been living in Arkansas since May 09,2015. I moved from Ft Worth, Tx. I want to get a divorce from my husband.

I have not talked to him in over a year and do not now where he lives. How does a divorce proceed without knowing where the husband is?

Stefan K. McBride answered on Mar 15, 2017

If you cannot find him, you can publish a notice in a newspaper. There are certain requirements that go with that, so you'll probably want to hire a lawyer.

1 Answer | Asked in Divorce for Arkansas on

Q: Q: If I live in Arizona and my husband is in a federal prison in Arkansas can I file for a divorce in Arkansas?

Stefan K. McBride answered on Mar 15, 2017

As long as your husband has lived in Arkansas for longer than sixty days, you can file for divorce in Arkansas.

1 Answer | Asked in Divorce for Arkansas on

Q: (Arkansas) Is my inheritance considered a marital asset? How can I keep my husband from getting it?

I haven't received any of the inheritance yet (my father just passed away), and my husband and I haven't lived together in 18 months. There were no separation papers filed.

Stefan K. McBride answered on Mar 15, 2017

Ordinarily, an inheritance is not considered marital property in Arkansas.

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