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... View More

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... View More

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.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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

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... View More

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... View More

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... View More

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... View More

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,... View More

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... View More

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... View More

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... View More

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... View More