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Arkansas Family Law Questions & Answers
1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to destroy my property that I had before the marriage, and some gotten during marriage?

All property that was acquired during marriage I paid for. Also he packed his stuff and left but took alot of stuff belonging to me that I had before we were married and some stuff I bought after we were married but while we were separated. IS this legal for him to do this?

James L. Arrasmith
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answered on Nov 9, 2023

If your husband has destroyed or taken property that belonged to you before the marriage, or property acquired during the marriage without your consent, this is not typically permitted under the law. Property brought into the marriage by one spouse is generally considered separate property, and... 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 Child Support and Family Law for Arkansas on
Q: I have permanent guardianship of my granddaughter. Can I ask for child support from one or both parents?

The presiding judge told me to talk to OCSE but there is no support order in place. And does mine or my husband's income factor in ?

T. Augustus Claus
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answered on Sep 29, 2023

Yes, you can typically ask for child support from one or both biological parents if you have permanent guardianship. The incomes of you and your spouse usually won't replace the biological parents' obligation to support their child.

2 Answers | Asked in Family Law for Arkansas on
Q: If a spouse names 3 people...on durable p.o.a. does the agent override the successor agent in Arkansas?
John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Override is not really the correct term.

The agent named in a POA is authorized to take whatever action on the principle’s behalf that the principle himself can take.

If the principle’s spouse has superior rights to the principle, the spouse’s rights will also be superior to the agent’s.

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1 Answer | Asked in Family Law for Arkansas on
Q: Can a Great-Uncle marry his Great-Niece?
T. Augustus Claus
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answered on Aug 23, 2023

In Arkansas, it is generally not legally permissible for a great-uncle to marry his great-niece. Marriage between close blood relatives, including great-uncles and great-nieces, is typically prohibited by state laws due to concerns about potential genetic and familial issues.

2 Answers | Asked in Family Law, Social Security and Child Support for Arkansas on
Q: My Social Security check is being garnished by the State of Tennessee through The US Treasury DEPARTMENT for Back Child

Support. I now and have lived in Arkansas for over 20 years also. What can I do to challenge or even stop this Garnisment . It is $375 a month that comes directly out of my check. Thanks Kerry

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The best way to stop this garnishment is to ascertain the total amount of back child support you owe from the state child support agency, pay that amount, and then file an application to discontinue the garnishment order.

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1 Answer | Asked in Family Law for Arkansas on
Q: I married 6 months ago and applied for my name change noticed my husbands name was not correct and needs corrected

His last name is first, first name middle, and middle name last. What do I need to do

T. Augustus Claus
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answered on Aug 17, 2023

In Arkansas, if there's an error in your husband's name on your marriage certificate, you'll likely need to contact the county clerk's office where the certificate was filed. They can guide you through the process, which may involve completing a correction affidavit with both... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: IS THERE A STATUE OF LIMITATION ON FILLING A HOMEWRECKER CHARGE?
T. Augustus Claus
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answered on Aug 14, 2023

In Arkansas, there isn't a specific "homewrecker" charge in the legal sense. However, if you're referring to a civil action for alienation of affection or criminal charges related to adultery, it's important to note that statutes of limitations can vary depending on the type of legal action.

1 Answer | Asked in Family Law for Arkansas on
Q: How long does investigators have to work and make a decision in a child maltreatment case in Arkansas

It's been 90 days since the case has been opened

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answered on Aug 3, 2023

In Arkansas, child maltreatment investigations are generally conducted by the Division of Children and Family Services (DCFS) within the Arkansas Department of Human Services (DHS). The duration of an investigation can vary depending on the complexity of the case and the specific circumstances... View More

1 Answer | Asked in Family Law for Arkansas on
Q: What do you put on a minor name change consent form when the father is unknown?
T. Augustus Claus
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answered on Aug 2, 2023

In Arkansas, as in other states, a name change for a minor typically requires the consent of both parents. However, if the father's identity is unknown or he cannot be located, you may need to take additional steps to proceed with the name change.

In such situations, you may need to...
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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?
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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 Estate Planning, Family Law, Real Estate Law and Elder Law for Arkansas on
Q: How do I get the deed to my fathers house who has passed and my aunt who was my fathers last POA will not communicate wi

With me. I currently live in the home.

Anthony M. Avery
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answered on Jul 25, 2023

Hire an AR attorney to search the title and determine heirship. Then get an Affidavit of Heirship drafted and recorded as the heirs' source of title.

1 Answer | Asked in Family Law and Health Care Law for Arkansas on
Q: my sister put me in a home but my aunt is payee of my check but my aunt gives them my money does she have too
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. It could depend on the arrangements that were made. It's possible that some type of third-party arrangement had been made here, where others may have been placed in control of your health care decisions or... 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 Criminal Law and Family Law for Arkansas on
Q: When I was 16 years old in 1988 I had a spiteful individual file a child abuse complaint against me. Now it's come back

The case went nowhere after their "investigation". Now all these years later it's come back to haunt me. In fact it seems as if it has been refreshed with my current name and address.

Shouldn't this have been sealed since I was a minor at the time? Why should it be... View More

John Michael Frick
John Michael Frick
answered on Jun 26, 2023

As a general rule, a criminal charge for child abuse that did not result in a conviction cannot be used against you in court.

As a general rule, even a conviction for child abuse that happened that long ago cannot be used against you in court because it is too remote in time. An exception...
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1 Answer | Asked in Bankruptcy, Divorce, Family Law and Foreclosure for Arkansas on
Q: Howdo I get a dismissed petition chapter13 bankruptcy removed frm my credit report if the filing information wasn't mine

I need help in regards a chapter 13 bankruptcy that all the debts were in ex spouses name but they filed it in my name. Hes Scott free and now they are foreclosing, and I'm still co borrower on the mortgage. How can I do I fix this for my future. Divorce is pending.

Timothy Denison
Timothy Denison
answered on Mar 10, 2023

Contact all three credit bureaus and advise them of the error and provide them with the documentation necessary to correct it. Usually takes about 30-45 days to get corrected.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Banking and Communications Law for Arkansas on
Q: I need all "affairs" or like connections making me sad removed from existence. And along with my instant remorts arrest

I unlimited funds for our beings happiness in all ways of existing and nobody to tell us about dirty secrets of ppl we thought we'd want to know while still in a torture war zone. 7765 Kerr station road Cabot AR 72023. And I'm a aprinceass. Minden tharp is huge guilty. Anybody who ever... View More

James L. Arrasmith
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answered on Mar 2, 2023

I'm sorry, but I'm having difficulty understanding your request. It's not clear what specific action you want to be taken or what problem you're trying to solve. It's important to communicate your concerns and requests clearly and respectfully. It's also important to... View More

1 Answer | Asked in Civil Litigation, Family Law and Immigration Law for Arkansas on
Q: If IAM born from bad country but my family from London have passport britsh how can l get passport britsh with out help

My father in the past have family on another country ,then second family from London .IAM on first family son of my Dad bcoz iwant britsh passport to job and stady

James L. Arrasmith
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answered on Feb 25, 2023

If you were not born in the UK and do not have British citizenship, you will need to go through the proper channels to obtain a British passport. The fact that your father's second family has British passports does not automatically entitle you to one.

To obtain a British passport, you...
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1 Answer | Asked in Family Law for Arkansas on
Q: I am the primary parent and This was my year to have my child Xmas so I got her from the time school was out until 5/pm

Xmas day and then her dad got her form xmas at 5 til Monday Jan 2 nd 5:pm now he is saying it is weekend coming up I told him no that it’s mine am I wrong

John Michael Frick
John Michael Frick
answered on Jan 4, 2023

This weekend is the first weekend of January. Your parenting plan likely addresses who has possession of the child using language like “1st, 3rd, and 5th weekends of each month.” So you have to read your court order to see who has the child on the 1st weekend of the month.

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... View More

Nina Whitehurst
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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...
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