Get free answers to your Family Law legal questions from lawyers in your area.
And talking . She placed him in a living rehab facility. He desires rehab from hom how. How can he terminate her guardianship
answered on Oct 7, 2019
In order to terminate the guardianship he will have to show the court that he is no longer incapacitated. This can be done by having his treating doctor fill out an affidavit. He would also have to file paperwork with the court asking that the guardianship be terminated. His mother would be... View More 
We are both seeking visitation with he having, at the least, joint custody, though full custody is ideal. We also want visitation with the child that is not his biologically and that child has no father listed on his birth certificate. My son has never been abusive to his ex girlfriend, but she has... View More
answered on Sep 23, 2019
Feel free to contact me if you want to schedule a time for a consultation. I can be reached at (501) 960-6060.
My son and his now ex-girlfriend have one biological child together plus he has raised her other son as his own since he was 2 months old. He is now 3. In April, she said she was going to visit family in Kentucky and never came back. She took the 3 year old and left the 2 year old. She came back a... View More
answered on Sep 21, 2019
If the children lived here for six consecutive months before they were moved to Kentucky, then Arkansas has jurisdiction to hear child custody until the children have lived in Kentucky for six months. That said, if the child's mother claims that your son was abusive to her (and she can prove... View More
My ex wont allow me to see my baby. I havent seen her for 5 weeks. My exs attorney wont allow me to come get the baby even though legally nothing has been decided about custody. I know legally right now we have equal rights to the baby but i dont what to get in trouble for just going to get her.
answered on Sep 17, 2019
If you and your ex are married and the child was born during the marriage, then you are correct that you both have equal rights to him/her. Therefore, the law does not prevent you from getting your child from a third party such as daycare or school. However, if your ex has an attorney, it sounds... View More
Do I need to change my will too
answered on Sep 19, 2019
Property that you have a beneficiary (or transfer on death TOD designation) for, such as your stocks, passes outside of probate. That is, the property automatically will go to the person listed as the beneficiary with the financial institution or brokerage firm without the need to go through the... View More
The two parents have a custody agreement with the father seeing kids every other weekend. The mother doesn’t communicate with the dad she communicates with the dads father instead. He pays child support & the son has mentioned self harm due to feeling like this is the way out of there. He... View More
answered on Sep 6, 2019
If the father doesn't return the child to the custodial parent when his visitation period is over, the court could find him in contempt of whichever court order established the visitation arrangement.
However, it sounds like the son really wants to live with his father. It may be in... View More
We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child... View More
answered on Aug 13, 2019
It sounds like you need to get divorced and get a custody/support order in place.
There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out... View More
Very little was given back, they stole Hi Daniel's oil and Gas Co. After this decision, million hidden in overseas accounts, nothing returned to June Grubbs. I just found the money existed, that it was millions, about the Gas Co. Law firm is closed. In last sentence, was chancelOrs decision... View More
answered on Aug 24, 2019
This appears to be a matter of considerable complexity that would be difficult for an attorney to respond to in a basic Q & A forum. As a starting point, you could contact an Arkansas attorney to arrange a consultation. It was categorized under Personal Injury, but seems closer to being... View More
conditions..is it legal or acceptable for Mother of child to be granted ability to live with child and petitioner, her mother, childs grandmother? Same Grandmother designated as supervisor for visits as well as childs maternal grandfather whom has remarried and lives hour and half away. Childs... View More
answered on Aug 8, 2019
In Arkansas, there is a law that allows grandparents who have spent substantial amounts of time with a child to file for "grandparent visitation." Since the paternal grandfather has spent so much time with the child, it is very possible he may qualify to petition for grandparent... View More
My girlfriend is 26.
answered on Aug 6, 2019
This may sound a little insensitive, but do her parents have guardianship over her? If she has some form of mental disability, they may have guardianship over her which means they get to make decisions like that for her.
If not, then there's nothing her parents can do to prevent her... View More
The custudy papers say the mother gets sole legal and physical custudy. It also states that his signature could be used in a single parent adoption he does pay child support.
answered on Aug 5, 2019
Unless his parental rights have specifically been terminated, he can probably still go back to court and prove a material change which would warrant him getting some visitation.
It depends on the specific language in the last custody order. If he wants to have visitation with the child, he... View More
My spouse had filed for an uncontested divorce in which I later contested and made a counterclaim for. In the beginning of this process, neither of us had an attorney and were representing ourselves. In court after my spouse made his argument (which wasn’t well prepared), the judge then told him... View More
answered on Jul 30, 2019
The judge cannot enter a decree of divorce until at least 30 days after the original complaint is filed, even when it is an uncontested divorce. It sounds like that amount of time has definitely passed.
You shouldn't have to return to court if the attorney is preparing some... View More
Left a week ago, has been prioritizing her new boyfriend over her son. Said she didnt have gas to bring our son formula, but she had gas to go to little rock to meet her new mans mother. She say's she is going to take him from me, but her and her new boyfriend are staying at another friends on... View More
answered on Jul 29, 2019
Your question is a bit hazy. Do you have a good chance of what? Do you want to pursue getting more time with your son? Do you have a custody arrangement established by a court order? You say you're an "unmarried father" but refer to her as your wife. Has your paternity been... View More
My ex wife's lawyer emailed me last month with video evidence of professional wrestling stunts to say that I was a danger to my son. My son was with his mother during the time the videos were made.
My ex is telling me to take our son to his step mothers. I feel that if his dad is gone for weeks at a time he should be with me. He recently called and told me to come get our son because him and her were fighting and going to split..now a week later he is telling me to bring him back to her. What... View More
answered on Jul 23, 2019
If you feel that the environment is harmful to your son and that he is not even spending time with your ex during his periods of visitation, you may have cause to file a motion to modify your custody arrangement. It's important that this is a new development, because you must prove a... View More
bio dad has never consistenly been around. he comes and goes whenever with months in between contact. He does not have any court order visitation. Never been to court at all. He is on the birth certificate.
I’m in Conway arkansas. Not sure why it says Memphis TN
answered on Jul 18, 2019
Does he have court awarded visitation? You can't get his parental rights terminated, only DHS or a court-appointed attorney ad litem can do that.
If he doesn't have a court order stating he is entitled to visitation, you don't have to let him see the child. I would want to... View More
answered on Jul 17, 2019
If its a debt based on written contract, the statute of limitations is three years from the date of breach. I'd have to know more about the circumstances to know for certain when the statute runs.
My daughters father wants to take custody completely from me and is trying to use my past against me. Meaning i was abused most of my upbringing and become a addict due to it. In 2014 I had lost everything in tornado and i had fallen in deep depression and relapsed. It was suggested to myself that... View More
answered on Jul 17, 2019
The best way it so hire an attorney and let them guide you through the process. It sounds like he's definitely the father, so he'll likely be awarded some sort of visitation, but he'll likely be required to pay child support to the child's current custodian. Is that you or your mother?
My childs father and I were unmarried. We split about a year and a half after she was born. She has been with me for 2 years. He moved to another state for rehab but has moved back and now claims he wants to be part of her life though he shows no consistency. I want to move out of state within the... View More
answered on Jul 18, 2019
It depends on whether he has established paternity. If he's signed an acknowledgment of paternity or his name is on the birth certificate, he may have an argument that he has rights to the child, but it also sounds like no court has awarded him visitation or anything. If he wants to stop you... View More
I have a son. His dad and I have joint custody. The relationship is going down hill. I need out of it. I’m planning to move out of state. I have been told if I leave with him I could get charged with kidnapping and if I leave him here then I am abandoning him. The dad will not agree to this. I... View More
answered on Jul 6, 2019
Arkansas has jurisdiction. The child will have to live in the other state at least 6 months (the UCCJEA statute governs this) before you have any legal success in the new state. It sounds like his dad will file in Arkansas before that happens. You should file in Arkansas, if you have sufficient... View More
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.
