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

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 a week later he is telling me to bring him back to her. What are my rights in this?

Related Topics:
1 Lawyer Answer
Patrick R. Lee
Patrick R. Lee
  • Licensed in Arkansas

A: 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 change in circumstances" to get a change of custody. That just means something serious has to have changed recently making a custody change necessary.

Of course, I don't completely understand your situation and you should consult with an attorney about your situation so that person can make an educated recommendation based on all the facts of your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.