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Arkansas Adoption Questions & Answers
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... Read more »

Stewart Whaley
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 Adoption for Arkansas on
Q: I have permanent custody of my grandson and would like to adopt him. His therapist suggested adoption due to his emotion

His therapist suggested adoption due to his emotional health when visiting with the father and other grandmother. My daughter has signed her rights away already. What would be the first step towards adoption, he is 7 yrs old.

James E Hensley Jr
James E Hensley Jr answered on Jun 18, 2019

In Arkansas, if the parents of the child go more than one year without a stable relationship with the child OR go one year without paying significant support OR their rights have been removed, you should be able to adopt.

We need to have the documents where the mother lost her rights....
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1 Answer | Asked in Adoption for Arkansas on
Q: Can we legally adopt a child born in Memphis TN if we live in West Memphis AR?

A young lady who use to live in West Memphis, AR and moved to Memphis has agreed to allow us to privately adopt her baby. Is that possible??

James E Hensley Jr
James E Hensley Jr answered on Jun 6, 2019

The answer to your question is "yes." The issue is not where the child was BORN but where she LIVES right now.

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 Adoption for Arkansas on
Q: Can i legally adopt my own child?

I heard that i can legally adopt mine own child to end my ex rights. He hasn't seen her and won't pay support. When he does it was fews out of almost 5 1/2yrs. She now 7yr

James E Hensley Jr
James E Hensley Jr answered on Feb 23, 2019

The answer is "yes." In Arkansas it is called a single-parent adoption. It removes an errant father from the child's life. You may adopt your child provided:

1. You do not have any felonies on your record;

2. The father has gone more than one year without having a relationship...
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1 Answer | Asked in Adoption for Arkansas on
Q: If no father listed on birth certificate and he hasnt been in picture for year. Does he have to consent to sp adoption

Step parent adoption in arkansas. Can the adoption be done if he can not consent?

Arnab Kumar Banerjee
Arnab Kumar Banerjee answered on Jan 29, 2019

as per Arkansas adoption law if birth father abandoned the children, he cannot consent the adoption.

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... Read 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 Adoption for Arkansas on
Q: My sons biological father isn’t on the birth certificate. Can my husband adopt him without his consent?

My son is 3 years old. My husband has been in my sons life since he was 9 months old. My sons biological father isn’t on the birth certificate, I have never received child support and we haven’t heard or seen him in over 2 years.

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

In Arkansas you will need the consent of the bio dad. Since he has not been in the child’s life and if his absence is voluntary then the court would most-likely hold that his consent is being withheld unreasonably and your husband should be able to adopt.

Make sure your husband has no...
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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... Read 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 Adoption, Child Custody and Child Support for Arkansas on
Q: Can a ncp agree to sign over rights and not have to pay back child support in Arkansas?

My youngest son's dad just spent 65 days in jail due to non payment of child support. Within a few days of him getting out he contacted a family friend and wanted to get ahold of me And asked if I agreed to drop all back child support he would sign over rights to my son. Is this possible and what... Read more »

James E Hensley Jr
James E Hensley Jr answered on Mar 19, 2018

This can be done with a single-parent adoption. It sounds odd but what you do is adopt your own child. This gets rid of the father and his rights. If the father will sign all the documents, we can get this done a few weeks. Fees are between $3ooo and $5ooo depending on what is needed.... Read more »

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... Read 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 Adoption and Child Custody for Arkansas on
Q: Can my ex legal become my son's father without me having to marry him?

My son is 10 years old. His biological has never been in the picture. When my son was 8 month's I met a man that adored him. Even though we are not together now he has been helping me with my son, takes him to school, spends weekends with him, everything a father should do. We were better as... Read more »

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

It is nice that you are considering your son's well-being over your self-interest. Lawyers don't see that too often. You have a couple options. The best is to have this man adopt your son. We will need to locate the biological father to sign off on the adoption. There are other options if you... Read more »

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Q: How do I go about this?

My husband cheated on me with another girl. She found out she's pregnant. Her and her husband doesn't want it. Her and her husband is willing to terminate their rights. She said when it's born she doesn't even want to hold it. I know for a fact it's my husband's baby. They can't afford to take care... Read more »

Skye Martin
Skye Martin answered on Jan 27, 2018

I recommend seeking an attorney for a private adoption.

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 terminated and do we have... Read 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 Adoption and Child Custody for Arkansas on
Q: I travel for work and need new husband to be able to make legal decisions for my son. Can he be named a legal guardian?

I travel extensively for work and would like to know my new husband can take care of my son while I am gone (medical, school, etc). Can we name him as a legal guardian as well or do we have to do adoption proceedings for him to be able to make these decisions? Birth father not listed on certificate... Read more »

James E Hensley Jr
James E Hensley Jr answered on Sep 12, 2017

There is nothing needed to get your child to school or for medical intervention. Adoption is an option but so is a power of attorney.

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... Read more »

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Q: My grandchildren were removed by dcfs and place with us and my daughter gave us full custody can we adopt now

My daughter only wanted dcfs out of the way so she could still visit and her rights not be terminated

James E Hensley Jr
James E Hensley Jr answered on Jun 29, 2017

Thank you for your inquiry. There are a few procedural issues we will need to consider but this is a good time to begin the adoption. Costs are around $4000. Let me know how I might help.

Jim Hensley

501.766.2770

1 Answer | Asked in Adoption, Divorce and Family Law for Arkansas on
Q: I paid a lawyer, got divorced. At court she wanted to terminate my rights of children, I adopted. Do I have to pay more

She hasn't signed my land deed yet nor reply on adoption case is she in contempt and was it wrong laywer charged more for doing nothing

Brandon M Haubert
Brandon M Haubert answered on May 23, 2017

You need to contact your lawyer. She is most likely in contempt to not signing over the land, but the kids are a separate issue.

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