Fayetteville, AR asked in Family Law and Child Custody for Arkansas

Q: I am the mother of three young boys. They've been staying with grandparents and they won't let me take them.

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 boys. We were living with his parents when I decided to leave him because I was in an abusive relationship. He is now in prison and his parents have our kids. I tried countless times to call and locate them. I finally went down and found them. But the police wouldn't let me take my children. In the state of Arkansas unless a mother is proven unfit she claims guardianship. I live in Fayetteville Arkansas. I want my kids home before school starts. Is there any way you can help me please?

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1 Lawyer Answer
Stewart Whaley
Stewart Whaley
  • North Little Rock, AR
  • Licensed in Arkansas

A: 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 explain filing the emergency petition on your own (pro se). However,I would hire an attorney to get this moving fast, done right the first time and because they may hire their own as soon as you start an action.

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