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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... View More 
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.... View More
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... View More
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... View More
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... View More
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
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.
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... View More
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... View More
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... View More
answered on Aug 2, 2018
Probably. There are SEVERAL rules/restrictions for vehicle lights in Arkansas (placement, color, height, alignment of the light beams, number of feet were the beam's center point must be, etc.).
Finding a way to install purple lights of some kind and NOT violate one or more of them... View More
answered on Aug 2, 2018
In Arkansas, adultery (assuming "dating" includes intercourse) is grounds for a divorce, but not a criminal offense.
Note, if you are in the military adultery is a criminal offense under the Uniform Code of Military Justice. See also, AR Code § 12-64-848 (2017).... View More
My BIL pled guilty to personal property theft in which he was sentenced 5 year suspended sentence in 2016. He now has been charged with Assult on a family or household member 2nd degree, terroristic threatening 2nd degree, endangering the welfare of a minor in the second degree, and another... View More
answered on Jul 18, 2018
Just because he has those diagnoses? No.
His attorney will likely request a mental health eval to determine if he can be held criminally responsible and/or if he is fit to proceed (assist with his defense).
If he is cleared, the case goes forward.
If he is not, different... View More
Husband and wife. Temporary petition served. No hearing yet. Can he come home since we have reconciled?
answered on Jul 9, 2018
Consult an attorney.
If there is an order of protection (OOP), the order can only be lifted by the judge.
The order of protection prohibits ANY contact between the parties and their agents.
It is very common for people to violate OOP's because they think it is okay to... View More
answered on Jun 25, 2018
Yes. I have received 2 tickets for backing into vehicles. The key is what to do AFTER you get the ticket. If you need to contest it for insurance or other reasons, hire an attorney.
https://law.justia.com/codes/arkansas/2017/title-27/subtitle-4/chapter-51/subchapter-1/section-27-51-104/
The person who is pressing charges pulled a knife on me,chased through the house. While two people watched it happen. Had me on my knees begging him to stop. He then told me to leave and I did. Two days later he said he claimed to have swore a warrant for my arrest. Saying he has witnesses and that... View More
answered on Jun 13, 2018
Eyewitnesses one could b sufficient. More information about the exact circumstances are needed to determine the likelihood of how your case could end. Contact a defense attorney to review your case.
My fiancé had a child who is now almost 7. He has never been able to see his son because his mother keeps him from him and his name isn’t on the birth certificate or anything. We have found out recently that she has been on meth and in and out of jail for the past year and still somehow has... View More
answered on Jun 12, 2018
You should contact an attorney with child custody experience. You need to establish paternity, them move towards visitation and custody
I have two children with my spouse and someone e is saying that theirs is mine,if it is, I don't know this child, can I about the CS? I don't have the income to pay CS and support my actual family.
answered on Jun 12, 2018
If paternity is established (DNA test, for example), you are paying support whether you've met the child or not.
Does a person, who is a guest at a residence, have the right to concent a legal search?
answered on Jun 12, 2018
It depends on what happened. If consent is voluntary (state must prove) and the person is apparently authorized to give consent, the search is probably legal (see Arkansas Rules of Criminal Procedure 11.2). Think about. If you give a guest access to a residence, what's the difference in... View More
I am facing charges of one count of delivery of controlled substance not methamphetamine or cocaine as well as use of a communication device. To my knowledge, one has to make more than one controlled buy from the same persons In order for charges to be legit!? If this is, or isn't true, I do... View More
answered on Jun 5, 2018
Delivery only requires on transaction. The weight (amount) of the substance modifies the possible penalty.
The delivery statutes are here: https://law.justia.com/codes/arkansas/2017/title-5/subtitle-6/chapter-64/subchapter-4/
There is no requirement for multiple transactions.... View More
Whats minimum and max in ar. For this felony alone
answered on May 27, 2018
“Habitual offender” is not a felony, it is an increase in the amount of prison time you can be sentenced for committing additional felonies.
The extension depends on the number of prior convictions and what the those conviction were.
See here:... View More
We never went to court to establish anything we just did a paternity he sees his son once a month because he's a truck driver we usually have good communication skills but I feel like it's been too excessive lately
answered on May 27, 2018
What does “did a paternity mean?”
My guess is a paternity test...
You don’t HAVE to tell him anything.
Unless paternity has been legally established (one of you has to bring a law suit), he has no rights, basically.
https://whlawoffices.com/establish-paternity/
answered on May 20, 2018
You can always refuse the Standardized Field Sobriety Tests (SFSTs).
The SFSTs are designed for failure to establish probably cause for arrest (plenty of sober people can't pass them for MANY reasons).
If you refuse the SFSTs, do not be surprised if (when) the officer... View More
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