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Arkansas Child Custody Questions & Answers

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 wants... Read more »

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 the...
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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 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 remove the...
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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 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 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 terminated.... 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 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 that's where the... 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 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 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 visitation which... 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 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 year,... 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 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 a week later he is telling me to bring him back to her. What... Read more »

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 "material... 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 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 see all of the...
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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 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 from... 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 anger... Read more »

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 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 »

1 Answer | Asked in Family Law and Child Custody for Arkansas on

Q: I'm in Faulkner County Ar., and was served a petition to establish paternity and custody, how do i file answer to this?

My daughters father wants to take custody completely from me and is trying to use my past against me. Meaning i was abused most of my upbringing and become a addict due to it. In 2014 I had lost everything in tornado and i had fallen in deep depression and relapsed. It was suggested to myself that... Read more »

Patrick R. Lee answered on Jul 17, 2019

The best way it so hire an attorney and let them guide you through the process. It sounds like he's definitely the father, so he'll likely be awarded some sort of visitation, but he'll likely be required to pay child support to the child's current custodian. Is that you or your mother?

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...
Read more »

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