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Questions Answered by Stewart Whaley

1 Answer | Asked in Divorce for Arkansas on

Q: Are there any Pro Bono Lawyers in Lonoke County or, any that will take a Divorce case based on contingency ?

Stewart Whaley answered on Feb 11, 2019

Can't do a contingency fee in Arkansas divorces. It will be difficult securing a pro bono divorce. If the parties agree to an uncontested divorce, you may find a reasonable, fixed-fee option.

Arkansas Rule 1.5(d) (d) A lawyer shall not enter into an arrangement for, charge, or collect:...
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1 Answer | Asked in Divorce, Child Custody and Child Support for Arkansas on

Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?

How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?

Stewart Whaley answered on Jan 6, 2019

She is violating the visitation order.

Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.

She needs to go through the court/OCSE to address child support, not keep you...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on

Q: have court ordered visitations with my daughter's but their father has refused my visits for over 2 years. Help?

Stewart Whaley answered on Jan 2, 2019

You need to ask for relief from the court that ordered the visitation.

He is violating an order from that court. For example, you could file a motion for contempt of court for not complying with the order.

1 Answer | Asked in Child Custody for Arkansas on

Q: Can I file emergency custody in a different state then where my kids live

Ex filed divorce and custody got temporary custody on lies he told on me and his lying to our kids about me his getting our kids to hare me and pushing away from me we live in 2 different state I have proof of his lies can I file for emergency custody from the state I live in

Stewart Whaley answered on Jan 2, 2019

You probably need to file in the state that granted temporary custody. Talk with a family lawyer about specific facts that might impact what you do next.

2 Answers | Asked in Criminal Law for Arkansas on

Q: Is it grounds for a insanity plea if I'm ordered to take a mental evaluation

Stewart Whaley answered on Dec 24, 2018

Mental health evals are done all the time.

Re-read the prior answer, its a very good explanation. Pay special attention to the last two sentences.

"Winning" based on a mental evaluation isn't always the best outcome or a magic bullet.

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

Q: Is it illegal to give someone a phone against their parents will but for the phone to be a gift to the person.

As long as you pay for the phone can the parents of the one it was given to take it away. If they make the kid go with little food and don’t let them out to go anywhere but to school and if they mentally abuse the kid

Stewart Whaley answered on Dec 23, 2018

illegal? No.

If the parents take it, what exactly would you want to happen?

If the child is being starved and mentally abused, why not use the phone to call DHS?

1 Answer | Asked in Child Support for Arkansas on

Q: I have back child support that I shouldn't have

We got a divorce and the got back together and had the judge sign a paper that stopped it. But no one can find it and she told them we didn't so I have 32000 that shouldn't be there

Stewart Whaley answered on Dec 22, 2018

Without real proof that the modification occurred, you are going to be held responsible for the support amount.

If the judge signed an order it should've been filed. if there was a hearing there may be a transcript.

1 Answer | Asked in Divorce for Arkansas on

Q: I reside in Arkansas & my estranged husband lives in New Mexico. Can I file for divorce in the state of Arkansas?

We've been separated, not legally, since March 15, 2015. Thank you in advance for your reply. Kim

Stewart Whaley answered on Nov 20, 2018

Yes, if you've lived in Arkansas for at least 60 days.

You've been separated long enough to have grounds for divorce.

If you can locate him and he will sign a waiver, things will move faster and smoother.

If he won't, you can serve him directly or by publication, if...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on

Q: I'm primary custodian & my 13 yo doesn't want to go to his dad's for c/o visitation anymore. Do I have to make him go?

His dad and I have been divorced since he was 2 yo and have a standing custody order/visitation agreement. His dad always has friends over, parties all the time, openly smokes weed with all of his friends in front of my son and his other kids. When he has my son on school nights, my son goes to... Read more »

Stewart Whaley answered on Nov 7, 2018

Yes, you have to make him go.

Ask the court to drug test dad (assuming you can pass one).

Petition the court for a modification of the custody/visitation order and stress the failed drug test.

Generally, courts don't like to stick kids in the middle of a parent-fight....
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1 Answer | Asked in Child Custody for Arkansas on

Q: If no custady is legally set can on parent legally pick up the kids from school and keep them without returning them

I've had my kids all their life them with no help or contact with thier father until recently. Me and my husband moved to arkadelphia and the kids stayed with thier father until we could get on our feet and now he wnot give them back.

Stewart Whaley answered on Nov 6, 2018

Where you married to him when the children were born or has he legally established paternity in another fashion (acknowledgement of paternity at birth, OCSE enforcement case, etc)?

He may have no parental rights in the first place.

In that case he would have the same right that I...
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1 Answer | Asked in Child Custody and Child Support for Arkansas on

Q: My daughter already lives with me and I still pay child support to her mom. Can I get full custody of her?

I have no rights. Her will not cooperate with me.

Stewart Whaley answered on Oct 31, 2018

There isn't enough information given.

What do you mean by "pay child support?"

If you are the legal father and paying support (through an OCSE paternity action, court ordered child support from a divorce, etc.) you need to determine your custody/visitation situation. Talk to an...
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1 Answer | Asked in Criminal Law for Arkansas on

Q: If I was arrested for 2 klonopins 0.5 mg without a prescription what is my charge in arkansas

In mulberry arkansas

Stewart Whaley answered on Sep 19, 2018

Klonopin is a Schedule IV

5-64-419 (4)

A Schedule IV or Schedule V controlled substance with an aggregate weight, including an adulterant or diluent, of:

(A)(i) Less than twenty-eight grams (28g) upon conviction is guilty of a Class A misdemeanor.

However, if...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on

Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

My husband and I are currently separated, and looking to divorce. We have no assets to divide, however, We do have a four month old son together. He believes that if he signs his rights away that he will not have to provide child support for our child, and be free of his parental responsibilities.... Read more »

Stewart Whaley answered on Sep 18, 2018

He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.

It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else adopting the child...
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1 Answer | Asked in Family Law and Child Support for Arkansas on

Q: Fiancee never misses a CS payment, yet we can barely financially survive. What do we do?

Fiancee pays CS for his 2 younger children. He also has a child (separate from others) that lives in the home that is a dependent whom is 17. After paying CS, there is hardly anything left for the dependent living with him. So now shes suffering. Will the courts take that into consideration with a... Read more »

Stewart Whaley answered on Aug 26, 2018

When child support was set, did dad make sure OCSE was aware of the older dependent?

Whether the mother has a job or not, dad still owes support for minor children.

Not an accountant, but grandmother can collect tax credit, IF she meets several tax code requirements....
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1 Answer | Asked in Child Custody for Arkansas on

Q: Can you force the non-custodial parent to have visitation time with the child?

Stewart Whaley answered on Aug 25, 2018

No, but you might consider looking into options like abandonment, termination of parental rights and any child support issues.

Also consider - what is the likelihood that a "forced" visitation would be positive for the child's development?

I can't imagine the captive,...
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1 Answer | Asked in Criminal Law for Arkansas on

Q: What is going to happen at my Petetion to revoke my suspended sentence?

I was arrested and convicted in 2017 for breaking and entering, I signed a plea for 6 years suspended time, in doing this I got PTR'D in a different county and sent to prison. I recently got out and am on parole and have now been charged with possession of meth. I did my sanction for parole and am... Read more »

Stewart Whaley answered on Aug 24, 2018

You can be revoked for the arrest. Continuance is more likely with a lawyer.

Yes, a lawyer can make a difference at a revocation hearing. Negotiation skills (possible history between the attorney and the judge or prosecutor) and/or other options that can be "missed" by the state. A...
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1 Answer | Asked in Criminal Law for Arkansas on

Q: I was coming out of a store and an officer was parked behind me and asked for my id. I reluctantly gave it to him

I told him I'm on probation he searched my truck and found a joint. What are my rights when I go to court? I live in Arkansas

Stewart Whaley answered on Aug 19, 2018

Generally, probation conditions will include a waiver of search requirements and an officer can search you any time. It depends on your probation conditions and the facts of your case.

1 Answer | Asked in Criminal Law and Domestic Violence for Arkansas on

Q: If my ex contacts me first after she set a protection order what will happen. Will the case get dropped

Stewart Whaley answered on Aug 14, 2018

No, the case will not get dropped because she contacted you.

Do not interact with her unless/until the order of protection is resolved (if there hasn't been a hearing) or until it expires, if it is already in place. Hard to tell exactly what the situation is by just reading the statement...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on

Q: I am the mother of three young boys. They've been staying with grandparents and they won't let me take them.

I need to know how to file an emergency custody hearing. There is no open dhs case. But my oldest son was allegedly molested in their fathers care. His mother admitted this in front of a police officer the other day. I need my kids home and safe.I am the mother and legal guardian on three young... Read more »

Stewart Whaley answered on Aug 2, 2018

Contact local family law attorneys and/or legal aid (income-based qualification). Assuming ONLY the facts provided, you should be able to get an enforceable order to retrieve the kids. If you can't afford an attorney and legal aid doesn't take the case, there are resources online that explain... Read more »

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