Chris W. Burks' answer 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 is worth you speaking with an attorney based on what you decribed
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 from seeing the child. Since she’s withholding visitation, you would basically ask for a hearing to make her explain why she’s not in contempt for violating the court order.
Stewart Whaley's answer 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 do. Zero.
If he is established as the legal father, file an action for custody/visitation. Hire an attorney for that.
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 attorney.
If you have not been adjudicated the father, you have the same parental rights I have. None. Even if you are giving money to mom out of kindness, sense of duty, etc., it is not "child...
Stewart Whaley's answer 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 would terminate his duty of child support because he would no longer be a parent.
James E Hensley Jr's answer 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. DHS is a double-edged sword. While they don't cost anything and will probably help her with custody, once the parents can pass a drug test DHS will give the child back to them.
James E Hensley Jr's answer 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 permission from the Judge and not just the grandma.
Often, people who are subject to an order of protection violate the order by doing something they believe is good. It is still a violation...
Stewart Whaley's answer 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 filing the emergency petition on your own (pro se). However,I would hire an attorney to get this moving fast, done right the first time and because they may hire their own as soon as you start an action.
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 weeks isn't cast in stone.
A court isn't going to rank cheer leading above the parent-child relationship, so legal action is likely a waste of time and money. Spend it on plane tickets and save...
Stewart Whaley's answer 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.
Stewart Whaley's answer 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.