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Arkansas Child Custody Questions & Answers
0 Answers | Asked in Child Custody, Civil Rights, Domestic Violence and Government Contracts for Arkansas on
Q: I'm facing prosecution at any time for a debt that was accumulated and put upon me under the color of law.

There is a account that was to be divided that would of paid the made up debt placed on me only and I've taken legal route to have the money released to pay the debt, the government official refuses to sigh the form to have the money released to the state

1 Answer | Asked in Child Custody, Child Support and Family Law for Arkansas on
Q: Judge court ordered father to amend birth certificate.he did not so how can he still receive child support payments
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

Typically child support obligations are not conditionally tied to other obligations of a parent. The child support obligation to the father is independent of the father's obligation to amend the birth certificate.

0 Answers | Asked in Appeals / Appellate Law, Child Custody, Child Support and Divorce for Arkansas on
Q: I was rushed & intoxicated when signing divorce papers also not fully aware of all the stipulations. Can I appeal

I understand how the decree was made i was rushed to sign since I was leaving that day to go to my 30 day treatment facility I also was under the influence I hardly remember seeing most the papers. the whole case was very one sided and very quick I had 3 days to prepare when they already had... View More

0 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: My grandmother and her friend I believe have petioned a court involving my parental rights inv. My 3 children...they hav

They say court order is in place and that I have open dhs case...they will not show order I haven't spoken to anyone nor have I been present in court is this legal?

0 Answers | Asked in Child Custody and Child Support for Arkansas on
Q: am I obligated to pay child support for months that my child is with me and not her custodial parent?

my child lives with her mother during the school year and spends the summer with me. Her mother insist that I still pay child support even for the months that she lives with me.

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi

We are divorced

James L. Arrasmith
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answered on Dec 31, 2023

In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator... View More

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can Public School deny my request with a court order in place on my children

In my divorce papers this states that I have first option before my ex-wife can find a care provider such as a babysitter daycare or a third party to watch the children. Which she must ask me first if I refuse then she may use outside sources. This falls under the claws in our divorce papers the... View More

James L. Arrasmith
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answered on Jan 13, 2024

In cases where there is a court order in place specifying the terms of custody and parenting time, including a "first to refuse" clause, the school should typically adhere to the terms outlined in the court order. However, schools may have their own policies and procedures, so it's... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: In Arkansas, my ex and I have joint custody. He has no heat or water in the home. What can I do?

We have joint legal and physical custody. He has no running water or heat.

T. Augustus Claus
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answered on Oct 16, 2023

If you have joint custody of your children and your ex-husband's home does not have heat or water, you can try to talk to him about the situation or file a motion with the court to modify your custody agreement. You may also want to contact the Arkansas Department of Human Services. For... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Arkansas on
Q: If my 9 y/o son told me that his dad made him say that someone touched him inappropriately, is this considered abuse?
T. Augustus Claus
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answered on Jul 27, 2023

If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: What documentation should I begin keeping/making to help me in a sole custody case? Not ready to reatain an attorney yet

I live in the State of Arkansas where it's now automatically joint custody. My husband is verbally and emotionally abusive to me and I am fearful it's going to trickle down onto our (adopted) son.

To set myself up for the best chance at getting sole custody of our (adopted) son -... View More

T. Augustus Claus
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answered on Jul 11, 2023

To help in a sole custody case, consider documenting incidents of abuse with dates, times, and descriptions. Save written communication that demonstrates abusive behavior. If there are witnesses, gather their contact information. Document any negative impact on the child's well-being.

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... View 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... View 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... View 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... View 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... View 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
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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)... View 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... View 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... View More

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