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Arkansas Family Law Questions & Answers
1 Answer | Asked in Family Law for Arkansas on
Q: I have a 17 year old daughter that lives with her father.She is out of school and has a job.

She does not what to live with her father anymore.Will we have to go to court to change the custody status?She is 2 months aways from 18.Her father has a girlfriend that is on drugs.

Patrick R. Lee
Patrick R. Lee
answered on Jul 18, 2019

While she's still a minor, the person who is her current custodian has the legal right to make decisions for her. If you went to court, the problem might not even be solved by the time she turned 18 and it would be pointless, by then.

Does he want her to continue living with him?

1 Answer | Asked in Estate Planning, Family Law, Immigration Law and Real Estate Law for Arkansas on
Q: Where do I start

I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.

Rehim Babaoglu
Rehim Babaoglu
answered on Jun 21, 2019

Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: When a judge signs a continuance does it have to be signed. The day she continues to next court

The judge signed continuance a month after the contiunance was ordered

Stewart Whaley
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Stewart Whaley
answered on Jul 6, 2019

Judges often sign paper/electronic orders well after they are filed or stated in court. It is not uncommon and generally not going to impact the case.

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: How hard is it to do a step parent adoption without bio fathers permission

I had two children with my ex husband who draws ssi and is not required to pay child support bc of ssi. Our youngest was born in April 2012 and in May 2012 we separated when he left for work and never came back and I moved from Tulsa back to Arkansas. In october 2012 the divorce was final and he... View More

Stewart Whaley
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Stewart Whaley
answered on Jul 6, 2019

Bio dad must receive notice, at least, and it would be best to gain consent and a waiver. Since he has not had contact in so long, it is possible a judge would find it is in the children's' best interest to be adopted by stepfather, even if dad doesn't consent.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: sole legal custody parent has not gotten glasses or eye exam for vision impair son for a year. Can the NCP get legal cus

My boyfriend's Ex-wife has sole physical and legal custody (he was unaware of what he was giving up). Their son has bad vision, he has gone over a year without an eye exam and went without glasses for a year. My boyfriend kept asking her when she was going to do it and she kept saying she was... View More

Chris W. Burks
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Chris W. Burks
answered on Apr 5, 2019

Thanks and the standard for a change in custody in Arkansas is a material change in circumstances. You could argue that the child's poor attendance and performance in school, coupled with worsening health amounts to a change in circumstances. There are many factors a Court will consider, but... View More

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: After Adoption is finalized. Can Grandparents of the deceased biological parents sue for visitation rights?
James E Hensley Jr
James E Hensley Jr
answered on Mar 6, 2019

An adoption severs all ties with the parent and their relatives. See Section (a)(1) below.

Ark. Code Ann. Section 9-9-215. Effect of decree of adoption.

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: have court ordered visitations with my daughter's but their father has refused my visits for over 2 years. Help?
Stewart Whaley
PREMIUM
Stewart Whaley
answered on Jan 2, 2019

You need to ask for relief from the court that ordered the visitation.

He is violating an order from that court. For example, you could file a motion for contempt of court for not complying with the order.

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Is it illegal to give someone a phone against their parents will but for the phone to be a gift to the person.

As long as you pay for the phone can the parents of the one it was given to take it away. If they make the kid go with little food and don’t let them out to go anywhere but to school and if they mentally abuse the kid

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Dec 23, 2018

illegal? No.

If the parents take it, what exactly would you want to happen?

If the child is being starved and mentally abused, why not use the phone to call DHS?

1 Answer | Asked in Family Law and Domestic Violence for Arkansas on
Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as

She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side... View More

James E Hensley Jr
James E Hensley Jr
answered on Nov 29, 2018

Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I'm primary custodian & my 13 yo doesn't want to go to his dad's for c/o visitation anymore. Do I have to make him go?

His dad and I have been divorced since he was 2 yo and have a standing custody order/visitation agreement. His dad always has friends over, parties all the time, openly smokes weed with all of his friends in front of my son and his other kids. When he has my son on school nights, my son goes to... View More

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Nov 7, 2018

Yes, you have to make him go.

Ask the court to drug test dad (assuming you can pass one).

Petition the court for a modification of the custody/visitation order and stress the failed drug test.

Generally, courts don't like to stick kids in the middle of a parent-fight....
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

My husband and I are currently separated, and looking to divorce. We have no assets to divide, however, We do have a four month old son together. He believes that if he signs his rights away that he will not have to provide child support for our child, and be free of his parental responsibilities.... View More

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Sep 18, 2018

He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.

It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else...
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1 Answer | Asked in Family Law and Adoption for Arkansas on
Q: Can a judge make it to where you can't get your birth certificate?

I am moving out of a bad situation at home an moving to Arkansas tomorrow, and I was just gonna order me a new copy of my Birth Certificate but I decided to look for my birth certificate anyways, and my mother told me when I was looking for it that they lost all the previous copies and said that a... View More

James E Hensley Jr
James E Hensley Jr
answered on Aug 31, 2018

Typically, there is a new BC issued once you are adopted. If you are looking for your original BC, try the Arkansas Department of Human Services in Little Rock. You may also have to reopen your adoption case. It is sometimes difficult to reopen a case.

To answer your question, it was...
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1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Fiancee never misses a CS payment, yet we can barely financially survive. What do we do?

Fiancee pays CS for his 2 younger children. He also has a child (separate from others) that lives in the home that is a dependent whom is 17. After paying CS, there is hardly anything left for the dependent living with him. So now shes suffering. Will the courts take that into consideration with a... View More

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Aug 26, 2018

When child support was set, did dad make sure OCSE was aware of the older dependent?

Whether the mother has a job or not, dad still owes support for minor children.

Not an accountant, but grandmother can collect tax credit, IF she meets several tax code requirements....
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How does my mother in law obtain emergency custody of her nephew she has had since birth and he is now a year and a half

My mother in law has had her nephew since he was born. He is now a year and a half and has permanently resided at her home. Every weekend or everyry other weekend the biological parents take him "to spend time with him". The baby has come back with high amounts of benadryl in his system.... View More

James E Hensley Jr
James E Hensley Jr
answered on Aug 18, 2018

Guardianship. Grandmother cannot have any felony conviction. Must have suitable home with utilities and a good income. She can't have any miscreants in the home. No bad people can live there.

She could also call DHS. They will come out and look at the place and maybe give her...
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1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arkansas on
Q: does an order of protection remain if child custody is changed

My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?

James E Hensley Jr
James E Hensley Jr
answered on Aug 6, 2018

Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I am the mother of three young boys. They've been staying with grandparents and they won't let me take them.

I need to know how to file an emergency custody hearing. There is no open dhs case. But my oldest son was allegedly molested in their fathers care. His mother admitted this in front of a police officer the other day. I need my kids home and safe.I am the mother and legal guardian on three young... View More

Stewart Whaley
PREMIUM
Stewart Whaley
answered on Aug 2, 2018

Contact local family law attorneys and/or legal aid (income-based qualification). Assuming ONLY the facts provided, you should be able to get an enforceable order to retrieve the kids. If you can't afford an attorney and legal aid doesn't take the case, there are resources online that... View More

1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Arkansas on
Q: Can my husband have his parent rights terminated after 7 years no contact or child support?

My husband has been served paperwork. His ex-girlfriend's husband wants to adopt his biological daughter. The paper work says that he was classified as abandonment because he has not spoken with his daughter or paid child support in over 7 years. He has tried to see his daughter many times... View More

James E Hensley Jr
James E Hensley Jr
answered on Jul 20, 2018

Get a real lawyer. You should not have to wait 3 weeks. Your husband will have some trouble but the mother will have some real trouble saying dad abandoned the child.

Jim Hensley

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I have sole custody. Do I have to let the other parent know legally who is around or watching my child at all times?

We never went to court to establish anything we just did a paternity he sees his son once a month because he's a truck driver we usually have good communication skills but I feel like it's been too excessive lately

Stewart Whaley
PREMIUM
Stewart Whaley
answered on May 27, 2018

What does “did a paternity mean?”

My guess is a paternity test...

You don’t HAVE to tell him anything.

Unless paternity has been legally established (one of you has to bring a law suit), he has no rights, basically.

https://whlawoffices.com/establish-paternity/

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: What can be done if a 6 week summer visitation conflicts with required extra curricular school practices?

The ncp lives 2 states, 20 hour drive, away and the 13 year-old is on the cheerleading team. She only has 4 weeks in a row free from practice. The visitation agreement states 6 weeks in the summer. This was mediated when the child was 6. What options does the custodial parent have?

Stewart Whaley
PREMIUM
Stewart Whaley
answered on May 6, 2018

The best option will always be mutual agreement.

Options:

1. Quit the activity.

2. Talk to the NCP and work out a schedule that gets the NCP 6 weeks total time (3 and 3, 4 and 2, etc) or some other arrangement. If you can both agree to an alternate schedule, 6 contiguous...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How many hours of parenting classes are required by the state of Arkansas when seeking joint parental rights
Stewart Whaley
PREMIUM
Stewart Whaley
answered on Apr 14, 2018

The court may require parents attend at least two hours of parenting class, or, submit to mediation. By the way, the TransParenting course usually assigned in Pulaski County is 4 hours.

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