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Questions Answered by Skye Martin
1 Answer | Asked in Adoption and Child Custody for Arkansas on
Q: How do I go about this?

My husband cheated on me with another girl. She found out she's pregnant. Her and her husband doesn't want it. Her and her husband is willing to terminate their rights. She said when it's born she doesn't even want to hold it. I know for a fact it's my husband's baby. They can't afford to take care... Read more »

Skye Martin
Skye Martin answered on Jan 27, 2018

I recommend seeking an attorney for a private adoption.

1 Answer | Asked in Real Estate Law and Probate for Arkansas on
Q: Does a person have to pay taxes on property for 7 years before they can petition the court for a quiet title
Skye Martin
Skye Martin answered on Jan 27, 2018

No, you’re thinking of adverse possession. I suggest consulting an attorney because title issues can be complicated.

1 Answer | Asked in Tax Law and Divorce for Arkansas on
Q: When my fiance got a divorce it was granted in the divorce for the house to be sold to pay back taxes

Ask ex many times to move out so house can be sold she refuses what can he do?

Skye Martin
Skye Martin answered on Jan 27, 2018

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.

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

I had residential custody of them up until this summer when my husband and I started building a house. They were staying with their dad because their rooms weren't made yet and he asked if I would be willing to change the papers just until my house was finished and they could come back to me but... Read more »

Skye Martin
Skye Martin answered on Jan 27, 2018

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... Read more »

1 Answer | Asked in Family Law and Divorce for Arkansas on
Q: Am I entitled to compensation if my husband cheated 7 months after getting married?

We are almost finished with a new Home construction and I found out he was cheating 7 months after marriage. I don’t want his house or land but am I entitled to something monetary to start my life over?

Skye Martin
Skye Martin answered on Jan 27, 2018

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.

1 Answer | Asked in Child Custody, Divorce and Family Law for Arkansas on
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
Skye Martin
Skye Martin answered on Jan 27, 2018

Yes, but there may be an exception. It depends on what you’re trying to change and your decree.

1 Answer | Asked in Divorce for Arkansas on
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.

do i qualify for any spousal support from her or pension or retirement.

Skye Martin
Skye Martin answered on Nov 1, 2017

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... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a pardoned felon be a guardian in Arkansas?
Skye Martin
Skye Martin answered on Oct 19, 2017

Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?

I haven't seen my 11 month old daughter in 33 days my ex fiance is hiding her from me just being vindictive for our breakup. I've read that with no standing custody order from the courts, that I have 50% rights to my daughter. And that I can pick her up from any location with proof of paternity and... Read more »

Skye Martin
Skye Martin answered on Oct 19, 2017

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.

1 Answer | Asked in Divorce for Arkansas on
Q: How do I find out if my husband has filed for divorce

Divorce filings for September of 2017

Skye Martin
Skye Martin answered on Oct 19, 2017

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.

1 Answer | Asked in Estate Planning for Arkansas on
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

Was placed in a nursing home...no will or legal papers drawn up. Now, sister will not divide estate to me aND my brother. What is the recourse?

Skye Martin
Skye Martin answered on Oct 2, 2017

If her estate is worth less than $100,000.00 then you could file an Affidavit for Collection of Small Estate.

2 Answers | Asked in Estate Planning for Arkansas on
Q: Is it possible to include a health care direction as part of my will, or must they be drafted as separate documents?
Skye Martin
Skye Martin answered on Oct 2, 2017

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... Read more »

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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: If I'm an only child and no spouse, does my mom need a will?

Father pasted two years ago and mom never remarried and I'm an only child. Does she need a will if I'm on everything but the house that still has a mortgage? She only has a retirement acct, bank acct, car paid off, jewelry and the house. She has already paid everything to be laided by my dad.... Read more »

Skye Martin
Skye Martin answered on Sep 3, 2017

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.

1 Answer | Asked in Family Law for Arkansas on
Q: My mother has guardianship of my son. She took him to an ER. Do I have any rights to be notified of this?

Also, she has been gravely ill the last couple of weeks, in the hospital and then now is in a nursing home (she is 75 and has multiple medical conditions of which she may not recover). My sister had taken him into her home with no legal rights to him. If my mother passes, and I am now capable of... Read more »

Skye Martin
Skye Martin answered on Sep 3, 2017

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... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: i need detailed information on ar code ann sec 9-11-516
Skye Martin
Skye Martin answered on Sep 3, 2017

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.

1 Answer | Asked in Child Custody for Arkansas on
Q: How do I get emergency guardianship of a horribly emotionally abused 15 year old who is thinking of suicide

This child lives with his grandmother who is horribly abusive, mentally and emotionally. She told this child, earlier this week, she would rather kill him than put up with him. This child is so depressed he told my son that he is thinking of ending his life. How can I go about getting emergency... Read more »

Skye Martin
Skye Martin answered on Sep 3, 2017

You'll need to file a petition for guardianship with the circuit court of the county where the child lives.

1 Answer | Asked in Child Support for Arkansas on
Q: Do I have the right to receive my own child support money if I'm over 18 and my dad owes back pay?
Skye Martin
Skye Martin answered on Aug 3, 2017

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.

1 Answer | Asked in Family Law for Arkansas on
Q: Is it true Arkansas law on child support arrears reaches a statute of limitations 5 yrs past the childs 18th birthday ?

I have paid back child support for 15 yrs, my children are almost 30 and married with their own children. I always paid but gave it to my ex directly, so courts did not have a record of it, with interest added on looks like I will be paying the rest of my life.

Skye Martin
Skye Martin answered on Aug 3, 2017

The statute of limitations applies to child support cases that have not been adjudicated by five years after the child reaches 18.

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Q: If I'm playing child support for my child, what rights do I have to him ñ? he is 7 yrs old

His mother has my number blocked when I want to call n talk to him I can't cuz I can't get in touch with his mother

Skye Martin
Skye Martin answered on Aug 3, 2017

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.

1 Answer | Asked in Estate Planning for Arkansas on
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?

She has asked us to move in with her to care for her until her death. We will be responsible for paying the bills, upkeep and repairs (which could be quite costly) on the house. I also have a full sibling (who has agreed to this arrangement) and 4 half-siblings who have no contact with my mother.... Read more »

Skye Martin
Skye Martin answered on Aug 3, 2017

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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