Questions Answered by Skye Martin

Q: How do I go about this?

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
I recommend seeking an attorney for a private adoption.

Q: Does a person have to pay taxes on property for 7 years before they can petition the court for a quiet title

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
No, you’re thinking of adverse possession. I suggest consulting an attorney because title issues can be complicated.

Q: When my fiance got a divorce it was granted in the divorce for the house to be sold to pay back taxes

1 Answer | Asked in Tax Law and Divorce for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
I recommend consulting with an attorney. It sounds like you might need to file a Motion for Contempt and also discuss other options. It’s hard to answer without reading the decree.

Q: My ex and I have joint legal custody but our kids want to live with me, they're 11 and 13. Can they choose in AR?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
The preference of the children could be a factor, but it’s less likely when they’re still so young. Child custody is determined by the best interest of the child and there are a list of factors that judges consider. I recommend consulting an attorney to determine your best strategy for getting the kids back.

Q: Am I entitled to compensation if my husband cheated 7 months after getting married?

1 Answer | Asked in Family Law and Divorce for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
You’re entitled to your half of the marital property. Even if you’ve only been married a short time, I still suggest seeking an attorney to at least go over your options and protect your interest.

Q: if me and my ex spouse have not went to court to change our divorce papers do we still have to follow by the one we have

1 Answer | Asked in Child Custody, Divorce and Family Law for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
Yes, but there may be an exception. It depends on what you’re trying to change and your decree.

Q: i am 53 years old disabled and was married 16 months ago, my wife walked on me. she wants to do a pro se divorce.

1 Answer | Asked in Divorce for Arkansas on
Answered on Nov 1, 2017
Skye Martin's answer
There's no way to answer that without knowing more about your particular financial situation. Typically, you would be entitled to half of the portion of her retirement plan that accrued during the marriage. You would do well to contact an attorney to make sure you're getting everything that you're entitled to.

Q: Can a pardoned felon be a guardian in Arkansas?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017
Skye Martin's answer
Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.

Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017
Skye Martin's answer
You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.

Q: How do I find out if my husband has filed for divorce

1 Answer | Asked in Divorce for Arkansas on
Answered on Oct 19, 2017
Skye Martin's answer
You can use Court Connect to look up the case online by his name. If you’re in a county that participates in efiling then you should also be able to look at his Complaint.

Q: My mother died 1.5 years ago. Before she died, she transferred her money to my older sister to pay bills since my mother

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Oct 2, 2017
Skye Martin's answer
If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.

Q: Is it possible to include a health care direction as part of my will, or must they be drafted as separate documents?

2 Answers | Asked in Estate Planning for Arkansas on
Answered on Oct 2, 2017
Skye Martin's answer
They need to be separate documents. You might also want to consider a living will, which states your end-of-life directives. If you own real property then you might want a trust as well. I'd recommend going over all of your options with an attorney. There are a lot of documents that might be helpful for you and your family.

Q: If I'm an only child and no spouse, does my mom need a will?

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Answered on Sep 3, 2017
Skye Martin's answer
She will need to create a beneficiary deed and/or a trust to avoid probate, even if you will be her only surviving heir.I would suggest that she meet with an estate planning attorney to go over all of her options for avoiding probate.

Q: My mother has guardianship of my son. She took him to an ER. Do I have any rights to be notified of this?

1 Answer | Asked in Family Law for Arkansas on
Answered on Sep 3, 2017
Skye Martin's answer
The answer to your first question will depend on the whether receiving notification of the child's medical emergencies, or similar language, was included in the Order of Guardianship.I wouldn't be able to answer the second question without asking a lot of questions regarding your situation. I would suggest consulting an attorney.

Q: i need detailed information on ar code ann sec 9-11-516

1 Answer | Asked in Family Law for Arkansas on
Answered on Sep 3, 2017
Skye Martin's answer
That statute is the Doctrine of Necessaries and it has been abolished in Arkansas.The old law stated that absent express authority, neither a husband nor a wife is liable for the other's debt obligations, including those for necessaries.

Q: How do I get emergency guardianship of a horribly emotionally abused 15 year old who is thinking of suicide

1 Answer | Asked in Child Custody for Arkansas on
Answered on Sep 3, 2017
Skye Martin's answer
You'll need to file a petition for guardianship with the circuit court of the county where the child lives.

Q: Do I have the right to receive my own child support money if I'm over 18 and my dad owes back pay?

1 Answer | Asked in Child Support for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
No, it would go to the custodial parent. If the custodial parent was on public assistance during the time in question then the state may also have a claim.

Q: Is it true Arkansas law on child support arrears reaches a statute of limitations 5 yrs past the childs 18th birthday ?

1 Answer | Asked in Family Law for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
The statute of limitations applies to child support cases that have not been adjudicated by five years after the child reaches 18.

Q: If I'm playing child support for my child, what rights do I have to him ñ? he is 7 yrs old

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
You need to petition for visitation and/or a shared custody arrangement. Paying child support doesn't give you visitation rights. I would suggest contacting an attorney to go over your options.

Q: My mother wants to leave her house to my wife and I. What is the best way to do this to ensure her wishes are honored?

1 Answer | Asked in Estate Planning for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
I would suggest contacting an attorney who deals with estate planning and trusts. She will probably want to have both a trust and a new will.

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