My autistic 8 year old son has lived with his grandparents for little less than a year while I have been in an abusive relationship. I signed over temporary custody to them while I figured out stuff. Now they want to adopt him and have asked me sign off because he would receive full VA benefits.... View More 
Also the biological father has not had anything to do with the children in 2 years.. financial or physical contact
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2024
In Arkansas, the ability of a stepfather to adopt a child without the biological father's consent can be influenced by several factors. Typically, if the biological father has not maintained contact or provided financial support for the children for a specified period, the court may be more... View More
I had temporary custody for a couple months and then was given permanent by a judge. I have had custody almost 5 years now.
answered on Aug 7, 2021
It would depend on the facts of your case. Was the custody order out of a juvenile case? Were the parents awarded any visitation? Have they been visiting with your granddaughter? Have they been paying you child support? If the parents haven't had any relationship with your granddaughter... View More
I was informed that if we were to get married that the kids could legally become mines if we go through the adoption process . Can you tell me how that works
answered on Jun 2, 2021
Your question is unclear. Arkansas has the Revised Uniform Adoption Act and you should start by looking there. Arkansas Code Annotated § 9-9-215 fully explains the "effect of decree of adoption."
Specifically, A.C.A. § 9-9-215(a)(1) states in part that, "Except with... View More
answered on May 10, 2021
As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances... View More
My god daughter has been living with me for over 2yrs. Her parents are separated (for about the same amount of time) can they sign custody over to me in their divorce? Or does that have to be done separately?
answered on Mar 8, 2021
It's called a guardianship and does require a Court action. You will do the divorce AND guardianship at the same time. Many Judges prefer two different actions. There is a lot going on in a guardianship. Many guardianships turn into adoption at some time. Parents often let the guardian (you)... View More
My brother has a daughter that he hasn’t been allowed to see or do anything for in 4 months since November of 2020. His ex is willfully keeping him from his daughter and she has since sent him voice messages saying her fiancé has signed the birth certificate or paternity paper. Can he receive... View More
answered on Mar 5, 2021
He contact attorneys to discuss filing an action to establish paternity.
I am not married to the father of my child and As I understand the court system says I have to have someone to adopt my child; ie: boyfriend or husband. Why? I am willing and capable of taking full responsibility, I will establish a will with guardianship in case something happens to me and... View More
answered on Jul 14, 2020
In Arkansas, you can adopt your own child. You don't need someone else to adopt the child for you or with you. Seems odd but you basically follow the adoption statute; i.e., you must be over 18, of sound mind, have no felonies on your record, be able to care for the child and a few others that... View More
He has not had any contract in 8 years. Is it possible this can end going in my ex's favor in court instead?
answered on Jun 29, 2020
If a parent goes more than one year without seeing the child on a regular basis OR goes more than one year without paying any meaningful support, that parent's rights may be terminated. As such, your husband could adopt if:
He has a good relationship with the child for such duration he... View More
Does he even have Case to fight us?
answered on Jun 28, 2020
If your husband can successfully prove “abandonment” as defined in the Arkansas Code, the Court may grant a petition for adoption of his stepdaughter. You should consult an attorney knowledgeable in this area of law.
I’m 17 (will be 18 in October) and completely finished with high school. I’m enrolled in college. I have a full time job and my house is almost completely finished for me to move into. My aunt has legal guardianship of me. Due to personal reasons, I no longer wish to be under her roof and wish... View More
answered on May 14, 2020
Until the DHS case is closed it is doubtful any other action will be considered. I understand you want to get the child out of DHS involvement but filing such an action will not help you in the DHS case. Typically you will have an attorney appointed in the DHS case. If so, you probably don't... View More
His therapist suggested adoption due to his emotional health when visiting with the father and other grandmother. My daughter has signed her rights away already. What would be the first step towards adoption, he is 7 yrs old.
answered on Jun 18, 2019
In Arkansas, if the parents of the child go more than one year without a stable relationship with the child OR go one year without paying significant support OR their rights have been removed, you should be able to adopt.
We need to have the documents where the mother lost her rights.... View More
I had two children with my ex husband who draws ssi and is not required to pay child support bc of ssi. Our youngest was born in April 2012 and in May 2012 we separated when he left for work and never came back and I moved from Tulsa back to Arkansas. In october 2012 the divorce was final and he... View More
answered on Jul 6, 2019
Bio dad must receive notice, at least, and it would be best to gain consent and a waiver. Since he has not had contact in so long, it is possible a judge would find it is in the children's' best interest to be adopted by stepfather, even if dad doesn't consent.
A young lady who use to live in West Memphis, AR and moved to Memphis has agreed to allow us to privately adopt her baby. Is that possible??
answered on Jun 6, 2019
The answer to your question is "yes." The issue is not where the child was BORN but where she LIVES right now.
answered on Mar 6, 2019
An adoption severs all ties with the parent and their relatives. See Section (a)(1) below.
Ark. Code Ann. Section 9-9-215. Effect of decree of adoption.
(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this... View More
I heard that i can legally adopt mine own child to end my ex rights. He hasn't seen her and won't pay support. When he does it was fews out of almost 5 1/2yrs. She now 7yr
answered on Feb 23, 2019
The answer is "yes." In Arkansas it is called a single-parent adoption. It removes an errant father from the child's life. You may adopt your child provided:
1. You do not have any felonies on your record;
2. The father has gone more than one year without having a... View More
Step parent adoption in arkansas. Can the adoption be done if he can not consent?
answered on Jan 29, 2019
as per Arkansas adoption law if birth father abandoned the children, he cannot consent the adoption.
I am moving out of a bad situation at home an moving to Arkansas tomorrow, and I was just gonna order me a new copy of my Birth Certificate but I decided to look for my birth certificate anyways, and my mother told me when I was looking for it that they lost all the previous copies and said that a... View More
answered on Aug 31, 2018
Typically, there is a new BC issued once you are adopted. If you are looking for your original BC, try the Arkansas Department of Human Services in Little Rock. You may also have to reopen your adoption case. It is sometimes difficult to reopen a case.
To answer your question, it was... View More
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.
