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Arkansas Family Law Questions & Answers
1 Answer | Asked in Family Law for Arkansas on
Q: Who should file for the 6 month hearing on an appointment of guardianship?Does it expire if no hearing occurs?

The papers read " On the expiration of 6 months this Court will schedule a review hearing of this case, at which time the court will determine if the petitioner should remain as Guardian of the said minors....but until further hearing the court does so order..........is hereby appointed... View More

Lydia Seifner
Lydia Seifner
answered on Mar 15, 2018

If the papers say the Court will schedule the review hearing, then let the court be responsible for scheduling the hearing. If it is over six months, they are likely busy, the Court will get to it.

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: Ive been helping taking care of this little girl since she was 8 months at first it started with me just having her on

The weekends to help her mom out cause at the time she was a single parent and didnt really have that much support. Well through out the years i started keeping her more and more like during the week because mom was going through a hard time so i would buy her dieapers wipes food cloths you name if... View More

James E Hensley Jr
James E Hensley Jr
answered on Feb 28, 2018

Very good with the facts you mentioned.

Jim Hensley

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Can child support be stopped if the child has turned 18, moved into her own house, but is still in school?
Stewart Whaley
PREMIUM
Stewart Whaley
answered on Apr 14, 2018

Moving into her own house doesn't change anything.

If 18 and "school" means high school then you will continue paying, see § 9-14-237(a)(1)(B)

"If the child is still attending high school, upon the child's high school graduation or the end of the school...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Arkansas on
Q: if me and my ex spouse have not went to court to change our divorce papers do we still have to follow by the one we have
Skye Martin
Skye Martin
answered on Jan 27, 2018

Yes, but there may be an exception. It depends on what you’re trying to change and your decree.

1 Answer | Asked in Family Law and Divorce for Arkansas on
Q: Am I entitled to compensation if my husband cheated 7 months after getting married?

We are almost finished with a new Home construction and I found out he was cheating 7 months after marriage. I don’t want his house or land but am I entitled to something monetary to start my life over?

Skye Martin
Skye Martin
answered on Jan 27, 2018

You’re entitled to your half of the marital property. Even if you’ve only been married a short time, I still suggest seeking an attorney to at least go over your options and protect your interest.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: My ex and I have joint legal custody but our kids want to live with me, they're 11 and 13. Can they choose in AR?

I had residential custody of them up until this summer when my husband and I started building a house. They were staying with their dad because their rooms weren't made yet and he asked if I would be willing to change the papers just until my house was finished and they could come back to me... View More

Skye Martin
Skye Martin
answered on Jan 27, 2018

The preference of the children could be a factor, but it’s less likely when they’re still so young. Child custody is determined by the best interest of the child and there are a list of factors that judges consider. I recommend consulting an attorney to determine your best strategy for getting... View More

1 Answer | Asked in Domestic Violence and Family Law for Arkansas on
Q: I filed a domestic report on my bf and my parents said if I stayed with him, they would take my son from me, can they?

I am living wit my parents and they also said they would kick me out and take my son. I plan on moving in with my boyfriend sometime soon though.

James E Hensley Jr
James E Hensley Jr
answered on Jan 10, 2018

It is possible that your parents will file a guardianship petition. With the facts you mention they have a pretty good chance at taking your child.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on
Q: My ex lIves in Texas and I live here in Arkansas, I have a two month old baby who was born here in this state. Now he

Wants to take my son away from me and take him to Texas with him, I want to stop answering his messages but he says I could get in trouble if I do, is that true,? What can I do to keep him away from us,? My son has my last name, I left him because he treat me bad during my pregnancy until I left... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 26, 2017

It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.

If the child has lived in Arkansas for...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: we are trying to get our neice from lawrence co. dhs and they refuse to return our calls. we have filled out the papers.

She was placed in the walnut ridge childrens home when her dad went to jail,( her mom doe's not have legal custody of her either) we went to lawrence co. dhs & filled out the paperwork. They will not return our call's and we called the children's home, they told us she is no... View More

James E Hensley Jr
James E Hensley Jr
answered on Dec 19, 2017

It is certainly time for an attorney. You should expect fees between $4500 and $6000. And realize that once DHS has a case, they sort of rule the case. That means they will make recommendations to the Court and the Court usually goes along with it. That being said, you can petition the Court to... View More

1 Answer | Asked in Family Law and Personal Injury for Arkansas on
Q: Did the Arkansas statute of limitations for filing a civil suit for sexual abuse start "ticking" again for my wife?

My wife & I married 1 year ago. Just very recently, with the help of an excellent psychotherapist, did she come to understand the devastating impact the abuse by her stepfather has had on her life. Until I insisted she get some help, she had repressed everything and convinced herself that the... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 19, 2017

More likely criminal action. Best bet is for her to consult a member of the Ark.Assn for Justice who handles assault cases and see what they say--they give free consults.

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: For child abandonment do you have to file for terminated rights or is it automatic when they have no contact or support

My sons 3, his bio dad hasn't seen him since he was 3 months old, he's not on birth certificate and hadn't established paternity, my significant other wants to adopt him, but we're not married yet but plan to be, do I need to terminate rights or have they already been... View More

James E Hensley Jr
James E Hensley Jr
answered on Nov 26, 2017

You have to file adoption papers. You do not have to be married. You can adopt the children yourselves. Or you can have your significant other adopt them. Expect total costs to be around $4000 to $5000 if you can't find the bio dad. $4000 if he will consent.

1 Answer | Asked in Child Support, Domestic Violence and Family Law for Arkansas on
Q: If I apply for services to receive child support, will the father be made aware of our home address?

He became abusive and threatened me after I found out I was pregnant. When I left, he told me that he wanted nothing to do with the baby but if I ever filed for child support, he would come after me and take our son. Son is now 3 years old, and I could really use the help as I'm going to... View More

James E Hensley Jr
James E Hensley Jr
answered on Nov 4, 2017

Call the Office of Child Support Enforcement in the County where you live. Tell them your concerns. They will help you. Realize though that if you start collecting support he is entitled to visit the child. You might cause yourself a lot of trouble. In some states, you can terminate his rights... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?

I haven't seen my 11 month old daughter in 33 days my ex fiance is hiding her from me just being vindictive for our breakup. I've read that with no standing custody order from the courts, that I have 50% rights to my daughter. And that I can pick her up from any location with proof of... View More

Skye Martin
Skye Martin
answered on Oct 19, 2017

You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a pardoned felon be a guardian in Arkansas?
Skye Martin
Skye Martin
answered on Oct 19, 2017

Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.

1 Answer | Asked in Family Law for Arkansas on
Q: i need detailed information on ar code ann sec 9-11-516
Skye Martin
Skye Martin
answered on Sep 3, 2017

That statute is the Doctrine of Necessaries and it has been abolished in Arkansas.The old law stated that absent express authority, neither a husband nor a wife is liable for the other's debt obligations, including those for necessaries.

1 Answer | Asked in Family Law for Arkansas on
Q: My mother has guardianship of my son. She took him to an ER. Do I have any rights to be notified of this?

Also, she has been gravely ill the last couple of weeks, in the hospital and then now is in a nursing home (she is 75 and has multiple medical conditions of which she may not recover). My sister had taken him into her home with no legal rights to him. If my mother passes, and I am now capable of... View More

Skye Martin
Skye Martin
answered on Sep 3, 2017

The answer to your first question will depend on the whether receiving notification of the child's medical emergencies, or similar language, was included in the Order of Guardianship.I wouldn't be able to answer the second question without asking a lot of questions regarding your... View More

1 Answer | Asked in Adoption, Family Law and Juvenile Law for Arkansas on
Q: If I'm 16 and pregant I'll be 17 before i have the baby. Could my mom make me give my baby away?
James E Hensley Jr
James E Hensley Jr
answered on Aug 9, 2017

No. It is your baby. If you are unable to care for the child, you may need some help. Help is available from many sources; i.e., church, father of the child, family members, etc. Your mother could get a guardianship over the child if you are unable to care for the child. Caring for the child... View More

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Q: If I'm playing child support for my child, what rights do I have to him ñ? he is 7 yrs old

His mother has my number blocked when I want to call n talk to him I can't cuz I can't get in touch with his mother

Skye Martin
Skye Martin
answered on Aug 3, 2017

You need to petition for visitation and/or a shared custody arrangement. Paying child support doesn't give you visitation rights. I would suggest contacting an attorney to go over your options.

1 Answer | Asked in Family Law for Arkansas on
Q: Is it true Arkansas law on child support arrears reaches a statute of limitations 5 yrs past the childs 18th birthday ?

I have paid back child support for 15 yrs, my children are almost 30 and married with their own children. I always paid but gave it to my ex directly, so courts did not have a record of it, with interest added on looks like I will be paying the rest of my life.

Skye Martin
Skye Martin
answered on Aug 3, 2017

The statute of limitations applies to child support cases that have not been adjudicated by five years after the child reaches 18.

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