Stewart Whaley's answer 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:
(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce or upon the amount of alimony or support, or property settlement in lieu...
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 from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.
Stewart Whaley's answer 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 do. Zero.
If he is established as the legal father, file an action for custody/visitation. Hire an attorney for that.
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 attorney.
If you have not been adjudicated the father, you have the same parental rights I have. None. Even if you are giving money to mom out of kindness, sense of duty, etc., it is not "child...
Stewart Whaley's answer 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 would terminate his duty of child support because he would no longer be a parent.
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 colleague had a recent case where he was the only person in the courthouse aware of Act 423. The court recessed while judge, prosecutor and attorney reviewed Act 423. The result: "he (attorney) is...
Stewart Whaley's answer 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.
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 that was posted.
Stewart Whaley's answer 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 filing the emergency petition on your own (pro se). However,I would hire an attorney to get this moving fast, done right the first time and because they may hire their own as soon as you start an action.
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