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Questions Answered by Patrick R. Lee
1 Answer | Asked in Family Law for Arkansas on
Q: Unmarried father, wife left son at my house, has had bare minimum contact for the past week. Do I have a good chance?

Left a week ago, has been prioritizing her new boyfriend over her son. Said she didnt have gas to bring our son formula, but she had gas to go to little rock to meet her new mans mother. She say's she is going to take him from me, but her and her new boyfriend are staying at another friends on his... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 29, 2019

Your question is a bit hazy. Do you have a good chance of what? Do you want to pursue getting more time with your son? Do you have a custody arrangement established by a court order? You say you're an "unmarried father" but refer to her as your wife. Has your paternity been established by an... Read more »

1 Answer | Asked in Divorce for Arkansas on
Q: I live in Arkansas and my ex lives in Australia, how do i file for a divorce?

When she came here on a visitation visa we got married but we fell apart and she went back home, ever since then her and i had broke up and now i want a divorce. she told me i had to file it since i want one, so i am in need of help trying to do so.

Patrick R. Lee
Patrick R. Lee answered on Jul 29, 2019

You can still file for divorce as long as you have lived in the state for a certain period of time. You should probably consult with an attorney who can determine how to proceed based on the facts of your particular case.

1 Answer | Asked in Family Law for Arkansas on
Q: Can a lawyer declare my visitation rights to be suspended without a court order signed by a judge?

My ex wife's lawyer emailed me last month with video evidence of professional wrestling stunts to say that I was a danger to my son. My son was with his mother during the time the videos were made.

Patrick R. Lee
Patrick R. Lee answered on Jul 26, 2019

No. Only a judge can modify your visitation.

1 Answer | Asked in Criminal Law for Arkansas on
Q: Does a search warrant have to state probable cause?

I was served a search warrant with the officer staying "he had responded to believe" that items were being concealed at my house

Patrick R. Lee
Patrick R. Lee answered on Jul 26, 2019

That doesn't sound like a special phrase that gives him any extra power. If they had a search warrant, though, it doesn't really matter anyway.

An officer has to provide an affidavit (a sworn statement) outlining the probable cause he has for a search to a judge. If the judge thinks he...
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1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: Keep it out of probate?

If mom was to put my name on her property and she has no will, will this keep my siblings from going and filing a probate on the property if she passes. My siblings want to section up her land and I'm trying to keep that from happening.

Patrick R. Lee
Patrick R. Lee answered on Jul 26, 2019

Your mother can do whatever SHE wants to do with her property before her death. If that means she wants to deed it to you, she can. I don't know anything about your mother, but if she no longer has the capacity to make a will and could be considered "incapacitated" (she doesn't understand the... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arkansas on
Q: Found the order to seal forms online yes, what is the difference in a order seal from and petition seal form?
Patrick R. Lee
Patrick R. Lee answered on Jul 25, 2019

You need both. One is a request for the Court to seal your charge that you file, and the other is the document you submit to the Court, which the judge signs and actually gets the record sealed.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Arkansas on
Q: Is a lawyer required for a order of seal record issue

The simple seal of a dismissed charged and a misdemeanor 5 years old?

Patrick R. Lee
Patrick R. Lee answered on Jul 25, 2019

I'm fairly certain there are forms for this somewhere online. Ark. Code Ann. 16-90-1401 and the statutes in that subsection will tell you everything you need to do to get a misdemeanor sealed.

You don't absolutely have to have a lawyer, but it would make the process easier for you.

2 Answers | Asked in Criminal Law and Federal Crimes for Arkansas on
Q: Can i get a felony took off my background
Patrick R. Lee
Patrick R. Lee answered on Jul 24, 2019

Certain felonies can be expunged if you've met certain requirements. You'll have to be more specific in order for a lawyer to answer your question.

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1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: Can my landlord terminate my lease early because they want to sell the house and want it vacant for showings?

My lease isn't up until Oct 31 but she text me saying that effective today, I have to be out by Aug 31st because "it would be easier on them to show it if the house was vacant". She has shown the house on Sunday and last night without 24 hr notice and showing again tonight. The lease termination... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 23, 2019

If your lease agreement says it runs through the end of October, the landlord is not allowed to force you to move out simply because they want to show the house. They have a contractual obligation to you, and forcing you to move out early would be a breach of that agreement.

You likely...
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1 Answer | Asked in Real Estate Law for Arkansas on
Q: Can I sell my home directly to a person in Arkansas or is a realtor required?
Patrick R. Lee
Patrick R. Lee answered on Jul 23, 2019

A realtor is not required, but you will need to draft a deed of some sort to actually convey the property and its best to put your agreement in writing.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: My ex and I have joint custody but he has physical custody of our son. His job is nowout of state does this change thing

My ex is telling me to take our son to his step mothers. I feel that if his dad is gone for weeks at a time he should be with me. He recently called and told me to come get our son because him and her were fighting and going to split..now a week later he is telling me to bring him back to her. What... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 23, 2019

If you feel that the environment is harmful to your son and that he is not even spending time with your ex during his periods of visitation, you may have cause to file a motion to modify your custody arrangement. It's important that this is a new development, because you must prove a "material... Read more »

1 Answer | Asked in Estate Planning and Probate for Arkansas on
Q: My father died recently, and my stepmom is not cooperating with our wishes. No will. Who decides how property is split?

We understand and agree that she can stay in the house that my father owned until she decides to leave or passes away, and then the property goes into my brother's name. We tried to do this with her as a family, but she is not allowing us take any of our father's property- even though we are... Read more »

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

Under the law in Arkansas, she would be entitled to a life estate in a third of the real property, and one third of the personal property. She does not have a right to all of it. To sort this out, you'll have to file a petition for probate, where someone will be appointed personal representative... Read more »

1 Answer | Asked in Elder Law for Arkansas on
Q: I have power of attorney of my grandmother. My family from MO came and took her. They got a lawyer and changed her power

Of attorney and turn her over to the state of MO. How is that right ? I have letter from DHS in AR stating that I was taking good care of her. I still do not know where she is they will not tell me!

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

If she is in Missouri, you will likely have to file something in a Missouri court to get control of this situation. She would have had to have been competent to give them power of attorney, and if she was and did so willingly, there's not much you can do about it.

It all depends on her...
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2 Answers | Asked in Real Estate Law for Arkansas on
Q: Can I sell directly to a person, without a realtor?
Patrick R. Lee
Patrick R. Lee answered on Jul 22, 2019

Yes, you can.

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1 Answer | Asked in Child Support for Arkansas on
Q: If the mother is threatening to try to raise child support, but she just lost custody of her two little ones, can she?

She just went to court and lost custody of her two youngest children to her husband due to not passing urine or hair folicle test, and is now threatening to take me to court to raise my child support, can she do that?

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

If the two children you're talking about are not your children, these issues are probably not related.

Are there other kids which you pay her support for? A change in a support obligation requires a material change in circumstances. Without knowing more, I cannot tell you whether she has...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: can I get rights terminated if I put a stop to revolving door biological dad due to it hurting my 5 year old?

bio dad has never consistenly been around. he comes and goes whenever with months in between contact. He does not have any court order visitation. Never been to court at all. He is on the birth certificate.

I’m in Conway arkansas. Not sure why it says Memphis TN

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

Does he have court awarded visitation? You can't get his parental rights terminated, only DHS or a court-appointed attorney ad litem can do that.

If he doesn't have a court order stating he is entitled to visitation, you don't have to let him see the child. I would want to see all of the...
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1 Answer | Asked in Family Law for Arkansas on
Q: I have a 17 year old daughter that lives with her father.She is out of school and has a job.

She does not what to live with her father anymore.Will we have to go to court to change the custody status?She is 2 months aways from 18.Her father has a girlfriend that is on drugs.

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

While she's still a minor, the person who is her current custodian has the legal right to make decisions for her. If you went to court, the problem might not even be solved by the time she turned 18 and it would be pointless, by then.

Does he want her to continue living with him?

1 Answer | Asked in Landlord - Tenant for Arkansas on
Q: I want to break my lease. Am I going to end up having to pay the remaining months rent? Lease does not mention penalty

No mention of abandonment penalty in lease

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

Regardless of whether there's an explicit lease term about it, by leaving early you are breaching the lease and you will be liable for rent until the landlord is able to re-rent the place. If he has a deposit on hand from you, he can take rent out of that until it's gone. You'll also be liable... Read more »

1 Answer | Asked in Criminal Law for Arkansas on
Q: Is a pregnant woman allowed to use self defense if someone is a threat to her and her baby?

I am pregnant. My boyfriend and I got in an argument that escalated. (He was drunk) He got on top of me punching my head and I punched him in the eye to escape and get our son and leave. He took our son from me and shoved me out of the apartment. Because he was drunk and I feared for the safety of... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

It sounds like you have a pretty good defense to your charge. I would get someone to take good pictures of all your injuries while they're still visible.

It sounds like you need to get away from this guy and get a court order limiting his access to your kids.

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: Am I allowed to move out of state with my child without going to court?

My childs father and I were unmarried. We split about a year and a half after she was born. She has been with me for 2 years. He moved to another state for rehab but has moved back and now claims he wants to be part of her life though he shows no consistency. I want to move out of state within the... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

It depends on whether he has established paternity. If he's signed an acknowledgment of paternity or his name is on the birth certificate, he may have an argument that he has rights to the child, but it also sounds like no court has awarded him visitation or anything. If he wants to stop you from... Read more »

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