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Questions Answered by Patrick R. Lee
1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: In Arkansas I have withheld rent due to electrical issues and refused to let the landlord to fix the issue

He is not a licensed electrician

Patrick R. Lee
Patrick R. Lee answered on Sep 13, 2019

The fact that he is not hiring someone else to fix the electrical issues will not be a defense to an unlawful detainer suit (an eviction lawsuit), if he files one. If he decides to sue for an eviction because you haven't been paying rent, there's a good chance he'll win. Arkansas is one of the... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Tenant got (way) behind on rent, then moved out (mostly). Can I take possession. What about rent?
Patrick R. Lee
Patrick R. Lee answered on Sep 11, 2019

If the tenant has quit possession, you can take possession of the unit. To recover rent, you'll likely have to file suit and get a judgment. That may prove difficult if you are unable to locate them and serve them with a summons and complaint.

Depending on how much they owe you, it may be...
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1 Answer | Asked in Personal Injury and Medical Malpractice for Arkansas on
Q: I was attacked by a security guard at a hospital while on a 72 hour hold for Suicide. The attack was unprovoked.

The Little Rock police department is investigating for felony charges. The whole incident was on video. I’m wanting to sue them but I have never had to search for a lawyer before much less understanding all the areas of practice.

Patrick R. Lee
Patrick R. Lee answered on Sep 6, 2019

You should consult an attorney with experience in intentional torts. If this security guard truly did attack you unprovoked, and the whole incident is on video, you could have a strong case against both the security guard and the hospital for any injuries you sustained in the attack.

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 »

Patrick R. Lee
Patrick R. Lee answered on Sep 6, 2019

If the father doesn't return the child to the custodial parent when his visitation period is over, the court could find him in contempt of whichever court order established the visitation arrangement.

However, it sounds like the son really wants to live with his father. It may be in the...
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1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Landlord - Tenant for Arkansas on
Q: I have recieved a code 18-60-304 demanding I leave in 3 days but can not. If I'm not out by the end of the 3 days isnt

That when the sheriff will be called and he will put a 3 day vacate notice? I can be out by then just not the original 3 days posted by apartment complex

Patrick R. Lee
Patrick R. Lee answered on Sep 6, 2019

This notice is simply the first step a landlord must complete before they file a lawsuit in Court to have you evicted. The sheriff can not and will not do anything until they have a writ of execution from the Court, which is the document that commands the sheriff to forcibly remove you from the... Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Easement question

I want to buy a bank owned foreclosed property. The land is landlocked. Do I need an easement to use existing driveway? If so how do I get one? The home was owned by the owner of the surrounding property. I'm told she didn't have and will not give an easement.

Patrick R. Lee
Patrick R. Lee answered on Aug 28, 2019

I'm confused because you're saying the property is landlocked, but there is an existing driveway. It could be possible to get an easement by necessity if your property truly does not have any means of ingress.

If there's an existing driveway, the easement may already technically exist....
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1 Answer | Asked in Child Custody for Arkansas on
Q: I am custodial parent of my 6 yr old son . My question is I don’t want the father on the school pickup list .

Can I stop the school from letting this happen. We have not been to court yet for visitation what are my rights

Patrick R. Lee
Patrick R. Lee answered on Aug 22, 2019

Are you married to the child's father? The answer to your question depends on whether the man currently has any parental rights.

If you have a good reason for not wanting your child to be picked up by his father (for example, you have reason to believe he may be abusive or may remove the...
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1 Answer | Asked in Child Custody for Arkansas on
Q: I have recently got sole custody of my son can I change his name with out the mothers permission?
Patrick R. Lee
Patrick R. Lee answered on Aug 19, 2019

You'll still need to notify her unless her parental rights were terminated. Unless you got "sole custody" through a DHS proceeding, her rights have probably not been terminated. Even if you did, it needs to state in the most recent custody order that her parental rights were terminated.... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: If your are married and both spouses own everything and one dies does everything automatically go to the other spouse if

If that what they wanted but don’t have a will

Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

It depends on whether the deceased spouse had any children. It also depends on how each piece of property is titled. Real estate may be titled such that it passes automatically to the survivor. Bank accounts may have payable on death beneficiaries.

You probably need to consult with an...
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1 Answer | Asked in Child Custody for Arkansas on
Q: How does next of kin work with a child when both parents die
Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

If both a child's parents pass away, someone who is related to the child may petition a court to appoint the relative as the child's guardian. If you know someone in this situation, they may need to seek counsel from a lawyer about filing a guardianship petition in Arkansas, if that's where the... Read more »

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can a landlord enter my unit and remove my property, if the property is not prohibited by the lease or state law?
Patrick R. Lee
Patrick R. Lee answered on Aug 14, 2019

What property did this landlord remove? A lot more information is needed to answer this question.

1 Answer | Asked in Criminal Law for Arkansas on
Q: If my act of self defense against aphysically aggressive trespasser results in significant injuries, did i assault them?
Patrick R. Lee
Patrick R. Lee answered on Aug 14, 2019

It all depends on the circumstances. If the "physically aggressive trespasser" was using or about to use force that could have caused significant injury to you, you are allowed to defend yourself with about an equal amount of force.

For instance, say someone is only being verbally abusive,...
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1 Answer | Asked in Child Support, Divorce and Family Law for Arkansas on
Q: Can I file an emergency custody order while being married? He resides in Tennessee and my daughter and I reside inArkan

We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child support... Read more »

Patrick R. Lee
Patrick R. Lee answered on Aug 13, 2019

It sounds like you need to get divorced and get a custody/support order in place.

There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out...
Read more »

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: 25yr old male and 24yo female. Almost 3yr old male child. Respondents are married, resides on paternal 100+ acres

conditions..is it legal or acceptable for Mother of child to be granted ability to live with child and petitioner, her mother, childs grandmother? Same Grandmother designated as supervisor for visits as well as childs maternal grandfather whom has remarried and lives hour and half away. Childs... Read more »

Patrick R. Lee
Patrick R. Lee answered on Aug 8, 2019

In Arkansas, there is a law that allows grandparents who have spent substantial amounts of time with a child to file for "grandparent visitation." Since the paternal grandfather has spent so much time with the child, it is very possible he may qualify to petition for grandparent visitation which... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: I was told Arkansas has a law called “year and a day” when it comes to child custody.

I was wondering what that is exactly and what can set that into motion for his father to sign his rights over .

Patrick R. Lee
Patrick R. Lee answered on Aug 7, 2019

This question is a little confusing, but I think you're referring to the definition of abandonment in the family law section of the Arkansas Code (Title 9). The law is that if a parent significantly fails without good reason to communicate with a child or pay support for the child for over a year,... Read more »

1 Answer | Asked in Child Support for Arkansas on
Q: My son is over 18 and dosent want the back child support. What can we do

I've been dealing with physical pain and haven't been able to work and my son dosent want me in jail

Patrick R. Lee
Patrick R. Lee answered on Aug 6, 2019

Support is paid to the child's primary custodian, and is owed to that person for financially supporting the child. Your son wouldn't be entitled to the back child support, his primary custodian would.

If your son was receiving benefits through some government assistance program, it's...
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1 Answer | Asked in Family Law for Arkansas on
Q: My girlfriend's parents refuse to let her move out and if she does, they threatened to call the police or bring her back

My girlfriend is 26.

Patrick R. Lee
Patrick R. Lee answered on Aug 6, 2019

This may sound a little insensitive, but do her parents have guardianship over her? If she has some form of mental disability, they may have guardianship over her which means they get to make decisions like that for her.

If not, then there's nothing her parents can do to prevent her from...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Q: How do I know if my fiancé signed away his rights to his child. Arkansas

The custudy papers say the mother gets sole legal and physical custudy. It also states that his signature could be used in a single parent adoption he does pay child support.

Patrick R. Lee
Patrick R. Lee answered on Aug 5, 2019

Unless his parental rights have specifically been terminated, he can probably still go back to court and prove a material change which would warrant him getting some visitation.

It depends on the specific language in the last custody order. If he wants to have visitation with the child, he...
Read more »

1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can you sell your percentage of property if you are a joint owner ?
Patrick R. Lee
Patrick R. Lee answered on Jul 31, 2019

You can, but you're selling an "undivided interest," and I can't imagine why anyone would want to buy one. If you own a third of the property, you don't own 1/3 of the land, you have a 1/3 interest in all of the land. So, you'd have just as much right to possess the property as the people owning... Read more »

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How long will a Divorce Settlement Agreement take to become a finalized decree of divorce once both parties signed?

My spouse had filed for an uncontested divorce in which I later contested and made a counterclaim for. In the beginning of this process, neither of us had an attorney and were representing ourselves. In court after my spouse made his argument (which wasn’t well prepared), the judge then told him... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 30, 2019

The judge cannot enter a decree of divorce until at least 30 days after the original complaint is filed, even when it is an uncontested divorce. It sounds like that amount of time has definitely passed.

You shouldn't have to return to court if the attorney is preparing some deposition...
Read more »

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