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Arkansas Juvenile Law Questions & Answers
0 Answers | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Our 16 year old granddaughter has asked to live with us after her Dad remarried . He and new wife are now angry and

Isolating her from us, friends , etc. There are a lot more questionable things but what are our visiting rights? Her rights choosing where to live? Or do we just need to call DHS?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can Public School deny my request with a court order in place on my children

In my divorce papers this states that I have first option before my ex-wife can find a care provider such as a babysitter daycare or a third party to watch the children. Which she must ask me first if I refuse then she may use outside sources. This falls under the claws in our divorce papers the... View More

James L. Arrasmith
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answered on Jan 13, 2024

In cases where there is a court order in place specifying the terms of custody and parenting time, including a "first to refuse" clause, the school should typically adhere to the terms outlined in the court order. However, schools may have their own policies and procedures, so it's... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: 16 year old charged as adult ask for lawyer but they kept questioning. And twhen told bd did nothing is this righ

He was on probation and police knocked on the door and said they came cause he broke his probation and then they started searching my house, after throwing him down and basically used unnecessary force on 16 yr old very skinny boy. We asked for lawyer at station but they just kept questioning him.... View More

T. Augustus Claus
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answered on Nov 6, 2023

It is concerning that the police continued to question your son after he asked for a lawyer. This may be a violation of your son's Miranda rights. Miranda rights are the rights that the police must inform suspects of before they can question them. These rights include the right to remain... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: My son is being tried as an adult can I talk to his public defender about his case, he is a 16 year old boy.

He was on probation and the police arrested him for violation well they really did come for that that was an excuse to get into the door so they could search my house for a gun but they did not find a gun so they arrested him .2 or 3 months ago, and his public defender won't talk to me is this... View More

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

The public defender is under no legal duty to talk to you and is legally prohibited from sharing with you any confidential information including things like his case strategy. Any information he may share with you would not be protected by the attorney-client privilege, so the prosecutor could ask... View More

1 Answer | Asked in Employment Law, Civil Litigation and Juvenile Law for Arkansas on
Q: 16 yoa son attacked by juvenile coworker and his job did not fire other juvenile. Assaulted with weedeater.

My 16 yoa son works for a large christian camp weedeating and mowing. His coworkers who are juveniles keep haraasing him, which he has advised his supervisor. One attacked him with a weedeater and they did not fire that juvenile. Are they not wrong for not firing or reprimanding him? My son has... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Sorry to hear your sun endured this treatment. Employees are usually limited to worker's compensation benefits from on the job injuries. One exception is for the intentional physical assault by a co-worker. Then general negligence law kicks in. The employer can become civilly liable for... View More

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can a Grandparent keep their grandchild from her mother without a court order?

My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he... View More

Josh A. Eason
Josh A. Eason
answered on Oct 7, 2020

If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the... View More

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: who is a good attorney who will fight a CPS/ DHS case in AR

I need an attorney who will fight for me against DHS I have the worst case workers possible. I have a good case and I have several recordings and proof is there anyone who will take dhs on? I have an ajudication heraring coming up. AT the probable cause hearing they gave me my children back but the... View More

John Butler
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John Butler
answered on Jul 1, 2020

I would be happy to set you up a free consultation with our attorney who specializes in DHS cases. Feel free to reach out through my profile or give us a call.

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: What petition should I use to transfer guardianship back to me if the guardian agrees?

Guardianship since 2012. . Grandma is not opposed. Say I just need to draft and file proper paperwork. I'm in Arkansas and not sure what to file

Dustin A. Duke
Dustin A. Duke
answered on Oct 19, 2019

If the guardianship is here in Arkansas, and if you are a parent of the child, you would need to file a petition to terminate the guardianship. If you need assistance or have further questions, feel free to contact me.

1 Answer | Asked in Civil Rights, Criminal Law, Constitutional Law and Juvenile Law for Arkansas on
Q: A 17 year old, completely finished with high school, can not be questioned by police without parental permission in AR?

A off duty police officer set up a meeting with my niece to talk to her. she stopped her the day before. The officer was intimate with by niece boyfriend and thought my niece knew about the relationship. My niece didn't know anything. The traffic stop was full of open threats from the officer... View More

Gary Kollin
Gary Kollin
answered on Jun 30, 2019

There is no way a comprehensive answer can be provided here.

You need to retain counsel

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 Criminal Law, Federal Crimes, White Collar Crime and Juvenile Law for Arkansas on
Q: Can a 17 year old with no prior criminal background be sent to prison?

House robbery

Stewart Whaley
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Stewart Whaley
answered on Apr 14, 2018

Yes, depending on the crime. Juveniles can no longer be sentenced to life without parole in Arkansas. They can still be sent to prison. Having no criminal background helps when negotiating a plea without prison time, if you go to trial and during sentencing, if convicted

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 Juvenile Law for Arkansas on
Q: I'm gonna be 17 in Oct.Can I move out without emancipation or parent permission from AR to MO with other family members?

I'm 16 turning 17 in October and I want to move in with my other family members (Dad or sister or brother) when I turn 17 without parent permission or emancipation from Arkansas to Missouri. My older sister or brother would come pick me up from Arkansas, but I don' want to get them in... View More

Stefan K. McBride
Stefan K. McBride
answered on Jun 5, 2017

Unless you are emancipated or have your parent's consent, you cannot move out of the house.

1 Answer | Asked in DUI / DWI and Juvenile Law for Arkansas on
Q: Is it illegal for a minor in Arkansas to possess an empty wine bottle that is completely devoid of alcohol?

I am a college student and I am appealing a sanction put on me because I currently have a wine bottle filled with Christmas lights that I received as a gift. The violation is a "Violation of the Alcohol Policy." I reviewed the Student Handbook for my university and there are only two... View More

W. Whitfield Hyman
W. Whitfield Hyman
answered on Apr 19, 2017

It is not against the law to have the bottle. If they still find you guilty you can possibly sue under the administrative procedures act if their decision to punish you was arbitrary and capricious.

They might have entered your dorm room illegally in violation of the 4th Amendment even if...
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1 Answer | Asked in Family Law, Civil Rights and Juvenile Law for Arkansas on
Q: If I'm 17, but finished with HS completely, can I move out of my dads house without him trying to label me as a runaway?
Stefan K. McBride
Stefan K. McBride
answered on Apr 5, 2017

You cannot move out until you are 18 without your parent's consent.

1 Answer | Asked in Constitutional Law, Criminal Law, Education Law and Juvenile Law for Arkansas on
Q: Do the parents of the minor have to be present when the minor makes a verbal /written statement to school & local police
Kevin Shields
Kevin Shields
answered on Apr 6, 2017

Parents need not be present while school officials are asking questions of a student in most cases. However, if the questioning was by the police or your child was in police custody, constitutional protections may be triggered. You may want to consult a local criminal lawyer about the specific... View More

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Arkansas on
Q: First appearance in fins court i tested positive.. and my children was removed by DHS is that illegal?

My daughter had fins filled on her for trudacy but there was no trudacy her teacher had quit and keep her doctors notes instead of turning them in. She will not make it to 10 grade. Because of this. But I lost custody of my children for the failing of one test.

Stefan K. McBride
Stefan K. McBride
answered on Mar 28, 2017

Even if they've been removed, the DHS goal is almost certainly reunification with you. You'll just need to pass some drug tests.

1 Answer | Asked in Criminal Law and Juvenile Law for Arkansas on
Q: Can you have a fine for loitering?
Degen Clow
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Degen Clow
answered on Mar 18, 2017

Yes, it is a criminal offence.

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