Questions Answered by Stefan K. McBride

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

1 Answer | Asked in Bankruptcy, Divorce and Collections for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
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 is the husband. In that case, he might take her to court for contempt for not paying for the car.

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?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
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.

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?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
Unless there is a court order specifically prohibiting such behavior, your baby's mother can introduce the child to her new boyfriend.

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?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
Unless you are emancipated or have your parent's consent, you cannot move out of the house.

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?

1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Arkansas on
Answered on Apr 5, 2017
Stefan K. McBride's answer
You cannot move out until you are 18 without your parent's consent.

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.

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Answered on Apr 5, 2017
Stefan K. McBride's answer
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.

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

1 Answer | Asked in Divorce for Arkansas on
Answered on Mar 28, 2017
Stefan K. McBride's answer
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.

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

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Arkansas on
Answered on Mar 28, 2017
Stefan K. McBride's answer
Even if they've been removed, the DHS goal is almost certainly reunification with you. You'll just need to pass some drug tests.

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

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Arkansas on
Answered on Mar 21, 2017
Stefan K. McBride's answer
The State cannot appeal (or cross-appeal in this case) a verdict of non-guilty.

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

1 Answer | Asked in Child Custody for Arkansas on
Answered on Mar 20, 2017
Stefan K. McBride's answer
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.

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

1 Answer | Asked in Child Custody for Arkansas on
Answered on Mar 17, 2017
Stefan K. McBride's answer
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.

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

1 Answer | Asked in Divorce for Arkansas on
Answered on Mar 17, 2017
Stefan K. McBride's answer
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.

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

1 Answer | Asked in Adoption for Arkansas on
Answered on Mar 17, 2017
Stefan K. McBride's answer
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.

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.

1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on
Answered on Mar 16, 2017
Stefan K. McBride's answer
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.

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?

1 Answer | Asked in Civil Rights and Divorce for Arkansas on
Answered on Mar 15, 2017
Stefan K. McBride's answer
You can file a declaratory action to have a judge pronounce that your current marriage is void.

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.

1 Answer | Asked in Divorce for Arkansas on
Answered on Mar 15, 2017
Stefan K. McBride's answer
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.

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?

1 Answer | Asked in Divorce for Arkansas on
Answered on Mar 15, 2017
Stefan K. McBride's answer
As long as your husband has lived in Arkansas for longer than sixty days, you can file for divorce in Arkansas.

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

1 Answer | Asked in Divorce for Arkansas on
Answered on Mar 15, 2017
Stefan K. McBride's answer
Ordinarily, an inheritance is not considered marital property in Arkansas.

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