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Arkansas Child Custody Questions & Answers

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... Read more »

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 it... Read more »

1 Answer | Asked in Divorce, Child Custody and Child Support for Arkansas on

Q: A judge court ordered the visitation, but my ex is not letting me see my kids on my weekend. Is this contempt?

How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?

Stewart Whaley answered on Jan 6, 2019

She is violating the visitation order.

Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.

She needs to go through the court/OCSE to address child support, not keep you...
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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 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 Child Custody for Arkansas on

Q: Can I file emergency custody in a different state then where my kids live

Ex filed divorce and custody got temporary custody on lies he told on me and his lying to our kids about me his getting our kids to hare me and pushing away from me we live in 2 different state I have proof of his lies can I file for emergency custody from the state I live in

Stewart Whaley answered on Jan 2, 2019

You probably need to file in the state that granted temporary custody. Talk with a family lawyer about specific facts that might impact what you do next.

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... Read more »

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 for Arkansas on

Q: If no custady is legally set can on parent legally pick up the kids from school and keep them without returning them

I've had my kids all their life them with no help or contact with thier father until recently. Me and my husband moved to arkadelphia and the kids stayed with thier father until we could get on our feet and now he wnot give them back.

Stewart Whaley answered on Nov 6, 2018

Where you married to him when the children were born or has he legally established paternity in another fashion (acknowledgement of paternity at birth, OCSE enforcement case, etc)?

He may have no parental rights in the first place.

In that case he would have the same right that I...
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1 Answer | Asked in Child Custody and Child Support for Arkansas on

Q: My daughter already lives with me and I still pay child support to her mom. Can I get full custody of her?

I have no rights. Her will not cooperate with me.

Stewart Whaley answered on Oct 31, 2018

There isn't enough information given.

What do you mean by "pay child support?"

If you are the legal father and paying support (through an OCSE paternity action, court ordered child support from a divorce, etc.) you need to determine your custody/visitation situation. Talk to an...
Read more »

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.... Read more »

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 adopting the child...
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1 Answer | Asked in Child Custody for Arkansas on

Q: Can you force the non-custodial parent to have visitation time with the child?

Stewart Whaley answered on Aug 25, 2018

No, but you might consider looking into options like abandonment, termination of parental rights and any child support issues.

Also consider - what is the likelihood that a "forced" visitation would be positive for the child's development?

I can't imagine the captive,...
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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. My mother... Read more »

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 custody....
Read more »

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 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 obtain... Read 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... Read more »

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 explain... Read 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... Read more »

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 for Arkansas on

Q: If my fiance’s child’s mother has been on drugs and in and out of jail would it be pretty easy for us to get custody?

My fiancé had a child who is now almost 7. He has never been able to see his son because his mother keeps him from him and his name isn’t on the birth certificate or anything. We have found out recently that she has been on meth and in and out of jail for the past year and still somehow has... Read more »

Stewart Whaley answered on Jun 12, 2018

You should contact an attorney with child custody experience. You need to establish paternity, them move towards visitation and custody

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 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.

1 Answer | Asked in Divorce and Child Custody for Arkansas on

Q: Once you file a Warning Order and the Defendant doesn't respond. Can the judge handle matter's dealing with children?

I am the biological mother and defendant is not but on the birth certificate. She has a no contact order for slapping child across the face at 17 months old

Richard Lane Hughes answered on May 11, 2018

Yes. However, the Judge will still be guided by "the best interests of the child(ren)."

That is, a court what is best for the kids regardless of a default by a parent.

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 answered on May 6, 2018

The best option will always be mutual agreement.


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...
Read more »

2 Answers | Asked in Child Custody and DUI / DWI for Arkansas on

Q: Can you the other parent file for emergency custody if the other parent got a DWI but the kids were not in his care

W. Whitfield Hyman answered on Apr 15, 2018

You can, I don't think any judge would grant it.

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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 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.

1 Answer | Asked in Child Custody and Child Support for Arkansas on

Q: I been trying to see my daughter and take care of her but her mother won’t let me since I’ve moved on with my life

And gotten married my daughter turned a year in March and I couldn’t see her or talk to her because of her mother I have messages in my phone that she sent saying my daughter won’t be in my life anymore now she sent child support papers in the mail but won’t give me a chance to see it take... Read more »

Stewart Whaley answered on Apr 14, 2018

If paternity has been established (if not, it will be by the time you are paying child support) you can petition the court for visitation. You'll need to prove several factors, including: you are a fit parent, can care for and nurture the child, provide financial support, etc.

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