If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.

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

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

You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.

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 would be happy to set you up a free consultation with our attorney who specializes in DHS cases. Feel free to reach out through my profile or give us a call.

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

If it is not addressed in the divorce or custody document you wouldn't be in contempt (it is frequently included, so make SURE that is the case). However, he can ask the court for a modification to restrict cohabitation.

I would expect that to be successful. Conservative state,... View More

Sounds like you should pursue emancipation.

Don Spears Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 24, 2020

The issue of custody is always open for review. The issue is always what is in the best interest of the child.

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More