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Arkansas Family Law Questions & Answers
0 Answers | Asked in Family Law for Arkansas on
Q: Do I need a lawyer for an order of protection hearing? How can I better prepare for it? Hearing is on 12/6.

I filed for an order of protection for myself & my 3 children. My husband was served with it on 11/5. I was given no information on what to expect & was told by the sheriff’s office that I didn’t need a lawyer for court. There’s a note on the order:“Attorneys! If you become involved... Read more »

0 Answers | Asked in Family Law and Civil Rights for Arkansas on
Q: My 19 year old son w/ Duchenne's Muscular Distrophy was taken by state and put in a nursing home.

The guardian took his phone, not allowed any visitors, friends or family, only allowed to call me once a month. Will not let allow him to go to his court dates. Will not give him his attorney's name or phone number. He is of sound mind! Everyone of his Civil Rights are being violated. We need... Read more »

0 Answers | Asked in Family Law and Adoption for Arkansas on
Q: Me and my technically step-sisters were separated and I want to know if we can visit

We have an age difference of about 10 years, my sisters almost immediately got a family interested in adopting them while being under their care, on the other hand the family did not consider taking me in while having enough rooms(they did lack certain requirements such as a bed). I am with my aunt... 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 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 »

0 Answers | Asked in Criminal Law, Family Law, Civil Rights and Nursing Home Abuse for Arkansas on
Q: My 19 year old son w/ Duchenne's Muscular Distrophy was taken by state and put in a nursing home.

The guardian took his phone, not allowed any visitors, friends or family, only allowed to call me once a month. Will not let allow him to go to his court dates. Will not give him his attorney's name or phone number. He is of sound mind! Everyone of his Civil Rights are being violated. We need... Read more »

0 Answers | Asked in Criminal Law, Family Law, Civil Rights and Constitutional Law for Arkansas on
Q: What if the court would not let me in and they decided without me??

I was arrested for a marajauna pipe. My 19yr. old son w/ Duchenne's Muscular Distrophy,( his muscles are deteriating) but his mind is great! He was taken by Area on Agency to hospital because I was arrested. He had gotten into my medication the night before and tested positive for something he... Read more »

0 Answers | Asked in Family Law for Arkansas on
Q: My 1 year old son is being kept from me his mother by my his father who isn't on the birth certificate how can I get him

I had to leave the first day of September of this year and wasn't allowed to take my son. My son's father who has no legal right to him as he is not on the birth certificate has used domestic violence and fear to keep me at Bay. How do I go about getting my son back in a way that... Read more »

0 Answers | Asked in Family Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Arkansas on
Q: I was not allowed in the court to plea against my charges.

I was arrested for a marajauna pipe. My 19yr. old son w/ Duchenne's Muscular Distrophy,( his muscles are deteriating) but his mind is great! He was taken by Area on Agency to hospital because I was arrested. He had gotten into my medication the night before and tested positive for something he... Read more »

0 Answers | Asked in Criminal Law, Family Law and Personal Injury for Arkansas on
Q: Can my child be charged with battery for hitting another student after that student shoved and kicked mine?

My child was shoved and then kicked by another student at school. Yhe other child was shoving other kids at random. After being kicked my child punched that student in the head. While the principle and office were berating, accusing and cussing at my student they informed him that the other child... Read more »

1 Answer | Asked in Family Law, Elder Law and Probate for Arkansas on
Q: Does a financial POA cease after death? If Will created 12 yrs prior to POA anything in POA supercede it

Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... Read more »

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Apr 1, 2022

It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.

As a general rule, however, POAs expire at the death of the principal, and...
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 Criminal Law, Family Law, Traffic Tickets and Car Accidents for Arkansas on
Q: i was involved in a 15 mile police chase well i wrecked and i was wanting to no if the officer did the right thing

i wrecked while involved in a police chase well the officer didn’t bother to help my wife and kids that was in the truck was he supposed to detain me and then tend to them cause he didn’t and was he supposed to have my daughter turn the truck off… was the officer in the right to continue to... Read more »

W. Whitfield Hyman
W. Whitfield Hyman
answered on Jan 27, 2022

Even if the officer violated laws that you’re complaining about it doesn’t help you in your criminal case.

Does that answer your question?

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 for Arkansas on
Q: Can primary custodian keep child away from other parent when they are grounded?
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq.
answered on Jun 2, 2021

Generally speaking, visitation and child punishment are entirely separate issues (though they may seem related). One public policy consideration is that, as a society, we don't want parents effectively penalized due to a child's bad behavior and we don't want child punishment... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: I need to file for grandparents right my son passes away the mother is keeping my grandchildren away out of spit
Dustin A. Duke
Dustin A. Duke
answered on May 21, 2021

Do the children live in Arkansas? If so, would you like to schedule a phone consultation?

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 »

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