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Arkansas Child Custody Questions & Answers
1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How do I make sure my daughters father can’t just come after my daughter when it’s convenient?

My daughters father has blocked me on everything and sent numerous messages stating he wants nothing to do with her and even wrote it out on a piece of paper. I want to make sure he can’t just come take her when it’s convenient to him.

Aaron Bundy
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answered on Dec 25, 2024

The answer will depend on other factors, including whether there is an existing court order that grants him visitation rights or not. If there is an existing court order, you may need to seek modification of that order. Otherwise, he may be able to exercise his rights under that order even if he... View More

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 Child Custody and Family Law for Arkansas on
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi

We are divorced

James L. Arrasmith
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answered on Dec 31, 2023

In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator... View More

1 Answer | Asked in Child Custody for Arkansas on
Q: Can a father who hasn't seen his child in 5 years get temporary visitation in Arkansas?

I'm in Arkansas, and the father of my child hasn't seen or contacted his child in 5 years. He is now requesting visitation, which he mentioned in a letter as being temporary. There are no current custody or visitation orders in place. What are the possibilities of him obtaining visitation... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Arkansas, if there are no current custody or visitation orders, the father could request visitation rights. However, the fact that he hasn't had contact with the child for five years could be a significant factor. The court will consider the best interests of the child when deciding on... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Arkansas on
Q: How can I prove visitation is not in my child's best interest due to father's offender status and troubling behavior?

My 3-month-old child's father is a registered s*x offender (level 2) with a moderate risk of reoffending due to a 4th-degree assault. He has only visited twice, including at the hospital when our baby was born, and has never provided financial support. As a result, I had to seek assistance... View More

James L. Arrasmith
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answered on Apr 13, 2025

To prove that visitation is not in your child's best interest, you should focus on gathering specific evidence of his behavior and how it impacts your child. The court will prioritize the well-being and safety of your child, so it's essential to document any concerning actions during the... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Seeking full custody and changes to visitation due to ex-wife's unstable situation in Arkansas.

I currently have joint legal custody with my ex-wife, who has visitation every other weekend. She has not been involved in our child's schooling or medical care and hasn't been consistent with visitation for the past year. Additionally, she has not adhered to the court order to pay half... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you are concerned about your ex-wife’s ability to provide a stable and safe environment for your child, you do have the option to request a modification of custody and visitation. Courts prioritize the best interests of the child, and your ex-wife’s lack of involvement in important aspects... View More

1 Answer | Asked in Criminal Law, Juvenile Law, Child Custody and Family Law for Arkansas on
Q: Penalties for minor drinking beer on school property in Arkansas?

What penalties could a 15-year-old minor face for being caught drinking a can of beer on school property in Arkansas? The minor was found by school authorities and is required to report to court. The minor has had past disciplinary actions, although the specifics are unclear since his father, who... View More

James L. Arrasmith
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answered on Apr 12, 2025

In Arkansas, a 15-year-old caught drinking beer on school property could face serious penalties. Under Arkansas law, minors are prohibited from possessing or consuming alcohol, especially on school grounds. The penalties for violating this law could include fines, mandatory community service, or... View More

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Q: If me and my baby daddy split and he took the kids with our any court PAPERS FOR CUSTODY AT ALL

And changed there schools and they are denying me to get my kids

Danya Bundy
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answered on Dec 25, 2024

Based on this information, you should seek legal assistance to establish each parent's right of custody and visitation with the children.

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I let my son go stay with his dad temporary now he is filing for custody and has put a no contact order against me.

I live in Arkansas and he lives in Illinois.. What can I do to get my son back

Aaron Bundy
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answered on Dec 25, 2024

You need to consult with a lawyer. You may ultimately need a lawyer in Illinois. There are many case-specific questions that only a lawyer may advise you about in a private session. Some of the questions will include: Is there an existing court order, and if so, which court (state) issued that... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Government Contracts for Arkansas on
Q: I'm facing prosecution at any time for a debt that was accumulated and put upon me under the color of law.

There is a account that was to be divided that would of paid the made up debt placed on me only and I've taken legal route to have the money released to pay the debt, the government official refuses to sigh the form to have the money released to the state

James L. Arrasmith
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answered on Jul 28, 2024

It sounds like you’re in a tough situation, dealing with both a significant debt and uncooperative government officials. It's important to continue pursuing all available legal avenues to get the money released. If the account in question is legally supposed to be divided to pay off the... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for Arkansas on
Q: Judge court ordered father to amend birth certificate.he did not so how can he still receive child support payments
John Michael Frick
John Michael Frick
answered on Jul 11, 2024

Typically child support obligations are not conditionally tied to other obligations of a parent. The child support obligation to the father is independent of the father's obligation to amend the birth certificate.

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: In Arkansas, my ex and I have joint custody. He has no heat or water in the home. What can I do?

We have joint legal and physical custody. He has no running water or heat.

T. Augustus Claus
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answered on Oct 16, 2023

If you have joint custody of your children and your ex-husband's home does not have heat or water, you can try to talk to him about the situation or file a motion with the court to modify your custody agreement. You may also want to contact the Arkansas Department of Human Services. For... View More

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Arkansas on
Q: My Ex Abducted our child in CA over the summer. The DA in CA did not press criminal charges. can i still press charges?

The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 18, 2023

Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Arkansas on
Q: If my 9 y/o son told me that his dad made him say that someone touched him inappropriately, is this considered abuse?
T. Augustus Claus
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answered on Jul 27, 2023

If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: What documentation should I begin keeping/making to help me in a sole custody case? Not ready to reatain an attorney yet

I live in the State of Arkansas where it's now automatically joint custody. My husband is verbally and emotionally abusive to me and I am fearful it's going to trickle down onto our (adopted) son.

To set myself up for the best chance at getting sole custody of our (adopted) son -... View More

T. Augustus Claus
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answered on Jul 11, 2023

To help in a sole custody case, consider documenting incidents of abuse with dates, times, and descriptions. Save written communication that demonstrates abusive behavior. If there are witnesses, gather their contact information. Document any negative impact on the child's well-being.

1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Arkansas on
Q: In December of 2021, my child’s father and I were doing a drop off. During which..

I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... View More

Richard W. Noel
Richard W. Noel
answered on Mar 12, 2022

Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Can I adopt my granddaughter that I have full permanent court ordered custody of and what do I have to do?

I had temporary custody for a couple months and then was given permanent by a judge. I have had custody almost 5 years now.

Dustin A. Duke
Dustin A. Duke
answered on Aug 7, 2021

It would depend on the facts of your case. Was the custody order out of a juvenile case? Were the parents awarded any visitation? Have they been visiting with your granddaughter? Have they been paying you child support? If the parents haven't had any relationship with your granddaughter... View More

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a mother deny father visitation if they were never married and there is no court agreement? Assq
Geoffrey D. Kearney
Geoffrey D. Kearney
answered on May 10, 2021

Possibly. Outside of the parents being married when the child is born or going to court, paternity can also be established by signing an Affidavit Acknowledging Paternity, which is generally made available at the hospital when the child is born. If paternity has not been established by any other... View More

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arkansas on
Q: Can a termination of parental rights stand if there is insufficiency of process services?
Geoffrey D. Kearney
Geoffrey D. Kearney
answered on May 10, 2021

As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arkansas on
Q: how can a judge give all my rights away without a court date

got a complaint on paternity and judgement of paternity

Don Spears
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answered on Apr 14, 2021

Insufficient amount of information to formulate an answer.

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