Ask a Question

Get free answers to your Family Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arkansas Family Law Questions & Answers
1 Answer | Asked in Divorce, Domestic Violence, Family Law and Landlord - Tenant for Arkansas on
Q: How to legally compel husband to leave home in non-contested divorce?

I am filing for a non-contested divorce from my husband due to financial deceit and emotional abuse. I discovered he does not own the property he claimed and he refuses to contribute to living expenses. He has also become emotionally abusive, and despite owning the house in my name for 7 years... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 14, 2025

You need to file your divorce complaint or proceeding and seek the assistance of the court. That is, as long as he is not being abusive or threatening. The police are very reluctant to get involved in domestic matters unless and until there is clear proof of abuse, usually physical, by one of the... View More

1 Answer | Asked in Civil Litigation, Family Law and Social Security for Arkansas on
Q: How to petition for expedited postmortem paternity test in AR?

I'm representing myself in Arkansas, specifically in Pulaski County, and need guidance on writing a petition to the court for an expedited postmortem paternity test. The test is necessary to compare a tissue sample for my child's father, who was killed a year ago before she was born. I... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 16, 2025

Start by drafting a petition titled clearly, such as "Petition for Expedited Postmortem Paternity Testing," and include your full name, address, and contact details. Clearly state your relationship to the deceased, explain your child's need for Social Security benefits, and emphasize... View More

0 Answers | Asked in Divorce and Family Law for Arkansas on
Q: Can I reduce agreed alimony due to financial change in Arkansas?

I agreed to pay my ex-spouse alimony as part of our divorce agreement, even though it wasn't initially ordered by the court. This written agreement was included in our divorce judgment. Since I lost my job last June and have found a new job that pays $32,000 less per year, I'm struggling... View More

1 Answer | Asked in Social Security, Elder Law and Family Law for Arkansas on
Q: Help reinstate SSDI & establish guardianship for disabled daughter in AR

My 25-year-old disabled daughter, diagnosed with moderate mental retardation in autism and a former SSDI recipient, is currently in Arkansas Community Corrections in West Memphis, Arkansas. She hasn’t received SSDI since she was 19 because my mother, her previous caregiver, passed away without... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2025

I understand how challenging and stressful this situation must be for both you and your daughter. Let me help you break down the immediate steps you need to take.

For guardianship in Arkansas, you'll need to file a petition with the probate court in the county where your daughter...
View More

0 Answers | Asked in Civil Litigation and Family Law for Arkansas on
Q: How to file a motion to withdraw funds from a minor's estate in Arkansas?

As a guardian of a minor’s estate in Arkansas, I need to file a motion to withdraw funds to purchase a vehicle for the minor, who is turning 16 and will primarily use the car. I have a court order establishing my guardianship. All other guardians consent to this withdrawal, and this is the first... View More

0 Answers | Asked in Probate, Family Law and Real Estate Law for Arkansas on
Q: Can I probate a will 15 years later to claim inheritance?

I want to know if I can probate a will 15 years after my father's death to claim my inheritance. The will was never probated, and there is a dispute between the children and the stepmother. I have a copy of the will, which states that my stepmother could live in the house until she married or... View More

1 Answer | Asked in Estate Planning, Probate and Family Law for Arkansas on
Q: Contesting estate omission by stepmother in Arkansas.

I recently discovered that my stepmother omitted me and my sibling, the first and second born children of my deceased father, from her obituary announcements and estate matters. She managed to leave my father's homestead to her adopted son after my father passed away. Unfortunately, we were... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2025

Hire an AR attorney to advise and represent you on this.

1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Arkansas on
Q: Stop the sale of land

My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2025

If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.

Wills mean nothing without probate. Since you...
View More

0 Answers | Asked in Child Support, Child Custody and Family Law for Arkansas on
Q: Child support and custody rights in Arkansas

I am currently paying child support for my son, who lives with his father full-time. There is an upcoming court date on March 17 to address child support and set the payment amount. Previously, there was a 90-day temporary guardianship granted to his father, which ended with him gaining full... View More

0 Answers | Asked in Child Support, Child Custody and Family Law for Arkansas on
Q: How to address incorrect child support paperwork in AR?

I received paperwork for child support in December, which incorrectly lists the father of my child as the noncustodial parent. However, we are both custodial parents, and there is no legal custody agreement in place. I haven't responded yet because I plan to move in with him soon. What steps... View More

1 Answer | Asked in Criminal Law, Probate and Family Law for Arkansas on
Q: Can family theft with firearm be a civil matter in AR?

I filed a police report because my sister took a safe containing personal items, including a firearm valued at $2,500 or less, from my parent's place, which is now in probate. The police are aware she took it, and she admitted to them that she did. I informed them about the firearm, which... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 14, 2025

Either the fiduciary or the beneficiaries must file a demand for the assets to be marshalled up by the fiduciary or a Court appointed fiduciary if the sister is removed. Probably all parties are tenants in common, so no crime was committed.

1 Answer | Asked in Civil Rights, Constitutional Law, Family Law and Juvenile Law for Arkansas on
Q: Can a juvenile officer remove a child out of the home without Department of Human Services being involved
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2025

A juvenile officer cannot remove a child from a home without following legal procedures, and in most cases, the Department of Human Services (DHS) must be involved. Law enforcement or juvenile officers may respond to situations involving child safety, but they typically do not have the authority to... View More

2 Answers | Asked in Family Law and Child Support for Arkansas on
Q: Are you allowed to say i heard or I believe when bringing allegations against someone in an exparte order in Arkansas

I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.

Aaron Bundy
Aaron Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

If you try to quote someone else by saying what you heard, you may be prohibited from repeating what you heard due to the Hearsay rule. There are ways around Hearsay, but you will generally need a lawyer to help you avoid the Hearsay problem. If there is an eyewitness who made a statement to you... View More

View More Answers

3 Answers | Asked in Family Law and Child Support for Arkansas on
Q: we have an old court order from 6 years ago. A new law has passed in 2020 that allows for shared income child support.

I have had a material change in income and other dependents born. Am i able to open a case back up to have this child support adjusted to the new law?

Yiesha Jones
Yiesha Jones
answered on Dec 17, 2024

Yes, anytime you have a change in income that meets the threshold you can have the child support recalculated. You should be able to get a new calculation based on what you've mentioned.

View More Answers

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I let my son go stay with his dad temporary now he is filing for custody and has put a no contact order against me.

I live in Arkansas and he lives in Illinois.. What can I do to get my son back

Aaron Bundy
Aaron Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

You need to consult with a lawyer. You may ultimately need a lawyer in Illinois. There are many case-specific questions that only a lawyer may advise you about in a private session. Some of the questions will include: Is there an existing court order, and if so, which court (state) issued that... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How do I make sure my daughters father can’t just come after my daughter when it’s convenient?

My daughters father has blocked me on everything and sent numerous messages stating he wants nothing to do with her and even wrote it out on a piece of paper. I want to make sure he can’t just come take her when it’s convenient to him.

Aaron Bundy
Aaron Bundy pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 25, 2024

The answer will depend on other factors, including whether there is an existing court order that grants him visitation rights or not. If there is an existing court order, you may need to seek modification of that order. Otherwise, he may be able to exercise his rights under that order even if he... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How do I file for temporary maintenance in a divorce
Gregg Austin Knutson
Gregg Austin Knutson
answered on Sep 28, 2024

If a case has already been filed, the party requesting temporary maintenance has to schedule a temporary hearing and serve notice of the temporary hearing upon the opposing party. Both parties are also required to exchange an Affidavit of Financial Means prior to the hearing. In preparing the... View More

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.

1 Answer | Asked in Family Law for Arkansas on
Q: Can the adult ward of guardianship in Arkansas file a petition for termination of guardianship?

Boyfriend was hit by a truck n has an appointed guardian in Arkansas n he wants guardianship terminated as he hasn't seen a penny of the settlement n is currently living in a hotel in Illinois.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 6, 2024

In Arkansas, an adult ward under guardianship can file a petition to terminate the guardianship if they believe they no longer require a guardian. The process typically involves the following steps:

1. The ward must file a petition with the court that established the guardianship,...
View More

1 Answer | Asked in Family Law for Arkansas on
Q: I removed my name from my child's birth certificate with a recission of paternity form. I wish to have it placed back.

I have court admissible DNA test results. And I and the mother both agree she is my child. What form do I need to turn in to the courts to open a case in which I establish paternity and can have my name put on the birth certificate

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 13, 2024

In Arkansas, to have your name placed back on your child's birth certificate after a rescission of paternity, you will need to establish paternity through the court. This typically involves filing a petition for the establishment of paternity in the appropriate family court. Since both you and... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.