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
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
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
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
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
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
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
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.
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
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
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
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
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
they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble
My god daughter has been living with me for over 2yrs. Her parents are separated (for about the same amount of time) can they sign custody over to me in their divorce? Or does that have to be done separately?
It's called a guardianship and does require a Court action. You will do the divorce AND guardianship at the same time. Many Judges prefer two different actions. There is a lot going on in a guardianship. Many guardianships turn into adoption at some time. Parents often let the guardian (you)...View More
This would be time to file for an ex parte emergency custody petition. You will need to list out all of the information you have as to why this is an emergency in your petition. Meth use will most likely be enough. However, if you can get a copy of the child protective services information, it...View More
Yes. Children do not get to decide if they want to go to the other parents residence or not. If there is something going on at Dad's house that is unsafe, abusive, or puts her in danger, then you can petition the court for a change in custody (and if it is extreme, then an emergency custody...View More
My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he... View More
If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the...View More
I am not married to the father of my child and As I understand the court system says I have to have someone to adopt my child; ie: boyfriend or husband. Why? I am willing and capable of taking full responsibility, I will establish a will with guardianship in case something happens to me and... View More
In Arkansas, you can adopt your own child. You don't need someone else to adopt the child for you or with you. Seems odd but you basically follow the adoption statute; i.e., you must be over 18, of sound mind, have no felonies on your record, be able to care for the child and a few others that...View More
I need an attorney who will fight for me against DHS I have the worst case workers possible. I have a good case and I have several recordings and proof is there anyone who will take dhs on? I have an ajudication heraring coming up. AT the probable cause hearing they gave me my children back but the... View More
they have told me they are only allowed to open 1 window and they have stated that he can't plug in an air conditioner because he's afraid the house will catch fire because of the wiring. there is also vines growing through the walls of the home and the walls are bulging out. they live in... View More
I'm not sure the facts you've presented will be enough for a court to issue an emergency order but you could certainly ask a court for a custody modification based on these facts. If their dad can't provide a safe environment for the kids you could ask the court to limit his time...View More
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