Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Stewart Whaley
1 Answer | Asked in Criminal Law for Arkansas on
Q: What is the difference between battery and assault?
Stewart Whaley
Stewart Whaley answered on Sep 26, 2019

Battery - cause actual harm.

As in, I just hit you with a bat.

Assault - threaten to cause harm. As in, I’m going to hit you with a bat!”

2 Answers | Asked in Child Custody and Family Law for Arkansas on
Q: I have a friend who has a 15 year old son who is depressed & wants to go live with his father is this legal w/I court?

The two parents have a custody agreement with the father seeing kids every other weekend. The mother doesn’t communicate with the dad she communicates with the dads father instead. He pays child support & the son has mentioned self harm due to feeling like this is the way out of there. He wants... Read more »

Stewart Whaley
Stewart Whaley answered on Sep 6, 2019

I agree with Patrick.

Also, even though he is 15, a parent willing to put a child on the stand to testify in a mom vs. dad situation is not going to score well with the judge. Best if this can be agreed without a hearing.

View More Answers

1 Answer | Asked in Traffic Tickets for Arkansas on
Q: I have a failure to comply MISD. They issued a warrant and bond is $910.00. Will they take me to jail if I pay part of t

They have issued a warrant but I can’t pay the full $910. Will they take payment plans without taking me to jail?

Stewart Whaley
Stewart Whaley answered on Sep 4, 2019

Ticket in Arkansas (I see you are in TN)? It varies from court to court, really. You will have to appear on the warrant, then address the misdemeanor. Depending on the court, an attorney could make a big difference in how all it plays out (maybe get the FTA dropped, negotiate the fine down, etc.).

1 Answer | Asked in Estate Planning for Arkansas on
Q: Can I buy a house in my son’s name (11yrs old), so that husband cannot take over half of this asset, in case of divorce?

My son is my husband’s step son, and my husband mistreats him and I want to secure something for him, that’s not in my name, so my husband doesn’t take advantage of the situation

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

Are you buying the home with marital assets? If so, it is marital property even if you buy it for your son. Consult an estate planning attorney.

1 Answer | Asked in Criminal Law and Constitutional Law for Arkansas on
Q: If someone were attempting to steal my car, is the use of deadly force justified?

Under current Arkansas law, if I believed that someone were attempting to steal my vehicle which is parked under my carport at my home, would the use of deadly force be justified?

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

No, because you believe they are attempting to steal the vehicle. If you reasonably believe force is necessary to prevent death or great bodily harm, then, you are in a MUCH better position. The carport is likely considered curtilage (basically, an extension of the home) but the main issue is... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: Can I answer a divorce papers myself on a simple divorce?

Case is in Arkansas it is a nocostested divorce no children

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

Yes. You have 30 days. This is often done incorrectly. Find an attorney that will do an uncontested divorce for a low rate.

1 Answer | Asked in Child Support for Arkansas on
Q: If my ex husband owes back child support and son turns 18 and graduated what happens to the back child support?

He hasn’t payed it in years.

Stewart Whaley
Stewart Whaley answered on Jul 7, 2019

He still owes that back child support. It is due to your son. You son can bring an action to enforce the payments, assuming dad has anything.

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: How hard is it to do a step parent adoption without bio fathers permission

I had two children with my ex husband who draws ssi and is not required to pay child support bc of ssi. Our youngest was born in April 2012 and in May 2012 we separated when he left for work and never came back and I moved from Tulsa back to Arkansas. In october 2012 the divorce was final and he... Read more »

Stewart Whaley
Stewart Whaley answered on Jul 6, 2019

Bio dad must receive notice, at least, and it would be best to gain consent and a waiver. Since he has not had contact in so long, it is possible a judge would find it is in the children's' best interest to be adopted by stepfather, even if dad doesn't consent.

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: When a judge signs a continuance does it have to be signed. The day she continues to next court

The judge signed continuance a month after the contiunance was ordered

Stewart Whaley
Stewart Whaley answered on Jul 6, 2019

Judges often sign paper/electronic orders well after they are filed or stated in court. It is not uncommon and generally not going to impact the case.

1 Answer | Asked in Family Law for Arkansas on
Q: if I leave state with my son would I be charged with kidnapping and if I left him here would it be abandonment.

I have a son. His dad and I have joint custody. The relationship is going down hill. I need out of it. I’m planning to move out of state. I have been told if I leave with him I could get charged with kidnapping and if I leave him here then I am abandoning him. The dad will not agree to this. I... Read more »

Stewart Whaley
Stewart Whaley answered on Jul 6, 2019

Arkansas has jurisdiction. The child will have to live in the other state at least 6 months (the UCCJEA statute governs this) before you have any legal success in the new state. It sounds like his dad will file in Arkansas before that happens. You should file in Arkansas, if you have sufficient... Read more »

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
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:...
Read more »

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
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...
Read more »

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
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
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
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.

View More Answers

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
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
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
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...
Read more »

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
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....
Read more »

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
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...
Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.