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Arkansas Child Custody Questions & Answers
0 Answers | Asked in Child Custody for Arkansas on
Q: Can my mother (in TX) force my brother to move back in with her? He is living in in ARK with dad

my brother (16 yo) told my mom he was suicidal, she screamed profanity at him and tried to hit him, he hit her in response. mom signed over rights to me, bro moved to Arkansas to live with dad. dad still has rights, stable job, and a home. can my mother legally force my brother to move back in with... Read more »

0 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: I was babysitting my granddaughter, who was living w/her dad, her mother showed up w/police n took my granddaughter!

Neither parent has~had legal custody, my son had been raising her for her entire life... the mom came n went in and out of her life, cple times she was in prison. Someone just told me they had no right taking her from me that I had/ have grandparents rights, which the police said I... Read more »

0 Answers | Asked in Child Custody for Arkansas on
Q: I have joint custody of my child when she in under my care my girlfriend sometimes watches her.

My child's mom does not like my girlfriend and told me she does not want my child alone with my girlfriend. Is there anything my child's mom can do about it. Or am I able to have anyone I see fit watch my child.

0 Answers | Asked in Divorce, Family Law and Child Custody for Arkansas on
Q: Can an AAL show up at a home and remove kids before filing with a court

My X husband fabricated situations ans files bogus report requesting kids be removed from my care. I am the primary parent always have been. My X has a terrible drinking problem for many years now. He sees no problem drinking and driving. I requested the AAL little did I know she would do nothing... Read more »

0 Answers | Asked in Family Law, Child Custody and Child Support for Arkansas on
Q: If a no contact order was issued by a judge simply bc I was not made aware of a court date can my rights be terminated.

I pay my child support but have not been allowed to have any contact with my daughter by any means other than us mail and she is not getting anything I send her. My mother was allowed contact with her and is stated that in the court order. I never received anything about an upcoming court case bc I... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Arkansas on
Q: In December of 2021, my child’s father and I were doing a drop off. During which..

I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... Read more »

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Can I adopt my granddaughter that I have full permanent court ordered custody of and what do I have to do?

I had temporary custody for a couple months and then was given permanent by a judge. I have had custody almost 5 years now.

Dustin A. Duke
Dustin A. Duke
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... Read more »

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arkansas on
Q: Can a termination of parental rights stand if there is insufficiency of process services?
Geoffrey D. Kearney
Geoffrey D. Kearney
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... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a mother deny father visitation if they were never married and there is no court agreement? Assq
Geoffrey D. Kearney
Geoffrey D. Kearney
answered on May 10, 2021

Possibly. Outside of the parents being married when the child is born or going to court, paternity can also be established by signing an Affidavit Acknowledging Paternity, which is generally made available at the hospital when the child is born. If paternity has not been established by any other... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arkansas on
Q: how can a judge give all my rights away without a court date

got a complaint on paternity and judgement of paternity

Don Spears
PREMIUM
Don Spears
answered on Apr 14, 2021

Insufficient amount of information to formulate an answer.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: my brother n his wife r getting divorced. were up visiting them, but ex is threatening to call cops cuz she wants her ba

they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble

Richard Lane Hughes
Richard Lane Hughes
answered on Apr 13, 2021

If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.

1 Answer | Asked in Adoption, Child Custody and Divorce for Arkansas on
Q: In a divorce can both parties give custody of a minor to a third party? minor does not live with either parent

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?

James E Hensley Jr
James E Hensley Jr
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)... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: if my ex, who lives in Texas, has recently had her children(with her now husband) taken away because she and her 2yr old

tested positve for meth do i have to send my daughter that she has weekend visitation with to her house or is that grounds for an emergency hearing?

Josh A. Eason
Josh A. Eason
answered on Nov 10, 2020

This would be time to file for an ex parte emergency custody petition. You will need to list out all of the information you have as to why this is an emergency in your petition. Meth use will most likely be enough. However, if you can get a copy of the child protective services information, it... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Does my 13 year old have to go to her dads if its court ordered and she doesn't wanna go?
Josh A. Eason
Josh A. Eason
answered on Nov 5, 2020

Yes. Children do not get to decide if they want to go to the other parents residence or not. If there is something going on at Dad's house that is unsafe, abusive, or puts her in danger, then you can petition the court for a change in custody (and if it is extreme, then an emergency custody... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can a Grandparent keep their grandchild from her mother without a court order?

My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he... Read more »

Josh A. Eason
Josh A. Eason
answered on Oct 7, 2020

If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the... Read more »

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1 Answer | Asked in Child Custody, Estate Planning and Probate for Arkansas on
Q: I am a single parent of a 13 year old whom father has passed away. I'm in my late 50's and was wondering what kinda

Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.

THANK YOU VERY MUCH T HARVEY

Dustin A. Duke
Dustin A. Duke
answered on Sep 2, 2020

You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.

2 Answers | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Father of my child wants to relinquish his parental rights. I am willing to accept sole responsibility, can I?

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... Read more »

James E Hensley Jr
James E Hensley Jr
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... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: who is a good attorney who will fight a CPS/ DHS case in AR

I need an attorney who will fight for me against DHS I have the worst case workers possible. I have a good case and I have several recordings and proof is there anyone who will take dhs on? I have an ajudication heraring coming up. AT the probable cause hearing they gave me my children back but the... Read more »

John Butler
PREMIUM
John Butler
answered on Jul 1, 2020

I would be happy to set you up a free consultation with our attorney who specializes in DHS cases. Feel free to reach out through my profile or give us a call.

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