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Arkansas Child Custody Questions & Answers
1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: My child is in DHS custody do I have the right to sign over my custody or let someone adopt him
James E Hensley Jr
James E Hensley Jr answered on May 14, 2020

Until the DHS case is closed it is doubtful any other action will be considered. I understand you want to get the child out of DHS involvement but filing such an action will not help you in the DHS case. Typically you will have an attorney appointed in the DHS case. If so, you probably don't... Read more »

2 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: What do you do if my boyfriend, who I have never married, keeps threatening to take my children?

He constantly threatens me with saying he will take the two children and claims to have money for a lawyer when I mentioned taking him to court.

Dustin A. Duke
Dustin A. Duke answered on Nov 2, 2019

Under Arkansas law, the mother of children born outside of marriage automatically has legal custody of them. In order to obtain custody, a father would have to (1) establish paternity, (2) show that he has financially supported the children and maintained a relationship with them, and (3) show... Read more »

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1 Answer | Asked in Child Custody, Education Law and Family Law for Arkansas on
Q: Does a noncustodial parent where no court order of custody is present have the right to request school records?
Dustin A. Duke
Dustin A. Duke answered on Oct 22, 2019

The question is a little confusing, but I am assuming that since there is no court order and you refer to a non-custodial parent, that the parents were never married. In Arkansas, the mother of a child born outside of wedlock automatically has custody of him or her. The father has to establish... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I have primary custody of two daughters. I believe their father is using drugs. Can I ask that he be drug tested?

We live in Arkansas. The girls are 11&13. The oldest no longer wants to go to his house.

Dustin A. Duke
Dustin A. Duke answered on Oct 15, 2019

The short answer to your question is "yes." You could file a motion with the court in your previous custody case and allege that you believe your ex is on drugs and request a drug test. The judge would need to sign an order requiring your ex to take the test. You would likely be... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Immigration Law for Arkansas on
Q: How can i prevent kids father of taking kids out of country he has custody of one and i have custody of the other

Their father already took kids to border and left with his family for 8 months.. I want to prevent this as well as reverse custody of my other child back to me..

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 15, 2019

Madam,

I am not a family law attorney neither authorized to practice law in your state but you need to contact a family attorney in your area ASAP regarding this matter or if you don't have the means to afford an attorney you can contact legal aid and see if you qualified for their...
Read more »

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: can i legally go get my baby? if not what do i do?

My ex wont allow me to see my baby. I havent seen her for 5 weeks. My exs attorney wont allow me to come get the baby even though legally nothing has been decided about custody. I know legally right now we have equal rights to the baby but i dont what to get in trouble for just going to get her.

Dustin A. Duke
Dustin A. Duke answered on Sep 17, 2019

If you and your ex are married and the child was born during the marriage, then you are correct that you both have equal rights to him/her. Therefore, the law does not prevent you from getting your child from a third party such as daycare or school. However, if your ex has an attorney, it sounds... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: My kids live in ar and their dad filed for custody in ga. What can i do

I left because of domestic violence...we moved 6 months ago and he has a xhild support hearing tomorrow...he only filed cause i filed for support...

Dustin A. Duke
Dustin A. Duke answered on Sep 17, 2019

There are a few issues that you are facing with the Georgia lawsuit. The first is whether Georgia has jurisdiction to decide custody or does Arkansas now have jurisdiction. If there is a previous custody order out of Georgia or if your ex filed suit for custody in Georgia within six months from... Read more »

2 Answers | Asked in Child Custody and Family Law for Arkansas on
Q: I have a friend who has a 15 year old son who is depressed & wants to go live with his father is this legal w/I court?

The two parents have a custody agreement with the father seeing kids every other weekend. The mother doesn’t communicate with the dad she communicates with the dads father instead. He pays child support & the son has mentioned self harm due to feeling like this is the way out of there. He... Read more »

Patrick R. Lee
Patrick R. Lee answered on Sep 6, 2019

If the father doesn't return the child to the custodial parent when his visitation period is over, the court could find him in contempt of whichever court order established the visitation arrangement.

However, it sounds like the son really wants to live with his father. It may be in...
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1 Answer | Asked in Child Custody for Arkansas on
Q: I am custodial parent of my 6 yr old son . My question is I don’t want the father on the school pickup list .

Can I stop the school from letting this happen. We have not been to court yet for visitation what are my rights

Patrick R. Lee
Patrick R. Lee answered on Aug 22, 2019

Are you married to the child's father? The answer to your question depends on whether the man currently has any parental rights.

If you have a good reason for not wanting your child to be picked up by his father (for example, you have reason to believe he may be abusive or may...
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1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: My husband and i havent lived together in two months. Can we start seeing other people legally?

We have two kids together.

Don Spears
Don Spears answered on Aug 19, 2019

Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.

1 Answer | Asked in Child Custody for Arkansas on
Q: I have recently got sole custody of my son can I change his name with out the mothers permission?
Patrick R. Lee
Patrick R. Lee answered on Aug 19, 2019

You'll still need to notify her unless her parental rights were terminated. Unless you got "sole custody" through a DHS proceeding, her rights have probably not been terminated. Even if you did, it needs to state in the most recent custody order that her parental rights were... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: How does next of kin work with a child when both parents die
Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

If both a child's parents pass away, someone who is related to the child may petition a court to appoint the relative as the child's guardian. If you know someone in this situation, they may need to seek counsel from a lawyer about filing a guardianship petition in Arkansas, if... Read more »

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: 25yr old male and 24yo female. Almost 3yr old male child. Respondents are married, resides on paternal 100+ acres

conditions..is it legal or acceptable for Mother of child to be granted ability to live with child and petitioner, her mother, childs grandmother? Same Grandmother designated as supervisor for visits as well as childs maternal grandfather whom has remarried and lives hour and half away. Childs... Read more »

Patrick R. Lee
Patrick R. Lee answered on Aug 8, 2019

In Arkansas, there is a law that allows grandparents who have spent substantial amounts of time with a child to file for "grandparent visitation." Since the paternal grandfather has spent so much time with the child, it is very possible he may qualify to petition for grandparent... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: I was told Arkansas has a law called “year and a day” when it comes to child custody.

I was wondering what that is exactly and what can set that into motion for his father to sign his rights over .

Patrick R. Lee
Patrick R. Lee answered on Aug 7, 2019

This question is a little confusing, but I think you're referring to the definition of abandonment in the family law section of the Arkansas Code (Title 9). The law is that if a parent significantly fails without good reason to communicate with a child or pay support for the child for over a... Read more »

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Q: How do I know if my fiancé signed away his rights to his child. Arkansas

The custudy papers say the mother gets sole legal and physical custudy. It also states that his signature could be used in a single parent adoption he does pay child support.

Patrick R. Lee
Patrick R. Lee answered on Aug 5, 2019

Unless his parental rights have specifically been terminated, he can probably still go back to court and prove a material change which would warrant him getting some visitation.

It depends on the specific language in the last custody order. If he wants to have visitation with the child, he...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: My ex and I have joint custody but he has physical custody of our son. His job is nowout of state does this change thing

My ex is telling me to take our son to his step mothers. I feel that if his dad is gone for weeks at a time he should be with me. He recently called and told me to come get our son because him and her were fighting and going to split..now a week later he is telling me to bring him back to her. What... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 23, 2019

If you feel that the environment is harmful to your son and that he is not even spending time with your ex during his periods of visitation, you may have cause to file a motion to modify your custody arrangement. It's important that this is a new development, because you must prove a... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: can I get rights terminated if I put a stop to revolving door biological dad due to it hurting my 5 year old?

bio dad has never consistenly been around. he comes and goes whenever with months in between contact. He does not have any court order visitation. Never been to court at all. He is on the birth certificate.

I’m in Conway arkansas. Not sure why it says Memphis TN

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

Does he have court awarded visitation? You can't get his parental rights terminated, only DHS or a court-appointed attorney ad litem can do that.

If he doesn't have a court order stating he is entitled to visitation, you don't have to let him see the child. I would want to...
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1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: Am I allowed to move out of state with my child without going to court?

My childs father and I were unmarried. We split about a year and a half after she was born. She has been with me for 2 years. He moved to another state for rehab but has moved back and now claims he wants to be part of her life though he shows no consistency. I want to move out of state within the... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

It depends on whether he has established paternity. If he's signed an acknowledgment of paternity or his name is on the birth certificate, he may have an argument that he has rights to the child, but it also sounds like no court has awarded him visitation or anything. If he wants to stop you... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: The father of my child has been in and out his life for 1 year and 6 months. He doesn't know how to take care of him,

He is not on the birth certificate and he once told me that he wanted to keep partying Instead of being a father. Now he is saying that he is ready and that he wants to step up. Is it legally too late? I don't know if I want to trust him or not because not only has he abused me but he had... Read more »

Patrick R. Lee
Patrick R. Lee answered on Jul 18, 2019

Until his paternity is established, he doesn't have any right to see the baby. If he wants to have rights, he has to go through the legal process of filing a paternity action. It is not legally too late for him to do so because it sounds like he has made some very minor efforts to be in the... Read more »

1 Answer | Asked in Child Custody and Child Support for Arkansas on
Q: Me and my husband are legally married but have not lived together in 7years and I have court order child support for are

2 kids can my husband leave state with one of are two kids without permission and no interest in bring the child back

Patrick R. Lee
Patrick R. Lee answered on Jul 17, 2019

You and your husband both have a constitutional right to access to the children until a court orders otherwise. If you think your husband is about to leave the state with one of your kids and never come back, you probably need to get something filed to prohibit him from doing that. I would... Read more »

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