Arkansas Child Custody Questions & Answers

Q: Can a ncp agree to sign over rights and not have to pay back child support in Arkansas?

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Answered on Mar 19, 2018
James E Hensley Jr's answer
This can be done with a single-parent adoption. It sounds odd but what you do is adopt your own child. This gets rid of the father and his rights. If the father will sign all the documents, we can get this done a few weeks. Fees are between $3ooo and $5ooo depending on what is needed.

It will not get rid of any support he owes but OCSE will not try to enforce any support obligation once the case is finished.

Jim Hensley

Q: Can my ex legal become my son's father without me having to marry him?

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Answered on Feb 10, 2018
James E Hensley Jr's answer
It is nice that you are considering your son's well-being over your self-interest. Lawyers don't see that too often. You have a couple options. The best is to have this man adopt your son. We will need to locate the biological father to sign off on the adoption. There are other options if you don't know his location. It adds a bit to the cost though.

The following people have to sign the papers:

You, the biological father if we can find him, the new dad, and even your son....

Q: How do I go about this?

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
I recommend seeking an attorney for a private adoption.

Q: My ex and I have joint legal custody but our kids want to live with me, they're 11 and 13. Can they choose in AR?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
The preference of the children could be a factor, but it’s less likely when they’re still so young. Child custody is determined by the best interest of the child and there are a list of factors that judges consider. I recommend consulting an attorney to determine your best strategy for getting the kids back.

Q: if me and my ex spouse have not went to court to change our divorce papers do we still have to follow by the one we have

1 Answer | Asked in Child Custody, Divorce and Family Law for Arkansas on
Answered on Jan 27, 2018
Skye Martin's answer
Yes, but there may be an exception. It depends on what you’re trying to change and your decree.

Q: My ex lIves in Texas and I live here in Arkansas, I have a two month old baby who was born here in this state. Now he

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Arkansas on
Answered on Dec 26, 2017
James E Hensley Jr's answer
It's always complicated when you are being mistreated by the man who should love you and the baby with no conditions. I can only answer some of your questions because the answer depends on a lot of things. Let's see if we can help a bit.

If the child has lived in Arkansas for the last six months then Arkansas has jurisdiction over the case. Any case being filed regarding the child has to be in Arkansas even now. You are smart to get legal help. If you are not married to the father...

Q: we are trying to get our neice from lawrence co. dhs and they refuse to return our calls. we have filled out the papers.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Dec 19, 2017
James E Hensley Jr's answer
It is certainly time for an attorney. You should expect fees between $4500 and $6000. And realize that once DHS has a case, they sort of rule the case. That means they will make recommendations to the Court and the Court usually goes along with it. That being said, you can petition the Court to hear you also.

Typically, DHS will pick out a person in the family to give custody. I wonder why they did not pick you? Sometimes, DHS does not want a family member for several reasons....

Q: For child abandonment do you have to file for terminated rights or is it automatic when they have no contact or support

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Answered on Nov 26, 2017
James E Hensley Jr's answer
You have to file adoption papers. You do not have to be married. You can adopt the children yourselves. Or you can have your significant other adopt them. Expect total costs to be around $4000 to $5000 if you can't find the bio dad. $4000 if he will consent.

Q: Can a pardoned felon be a guardian in Arkansas?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017
Skye Martin's answer
Theoretically, yes. Arkansas law specifies that “unpardoned” felons cannot be guardians. Ark. Code Ann. § 28-65-203.

Q: If I'm on the birth certificate, as the biological father, can I pick up my child from a grandparents or daycare center?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on Oct 19, 2017
Skye Martin's answer
You’ll need to file a petition to establish paternity. A birth certificate alone is not enough. You have no right to the child if you were never married to the child’s mother until you establish paternity. Then you can ask for visitation or custody.

Q: I travel for work and need new husband to be able to make legal decisions for my son. Can he be named a legal guardian?

1 Answer | Asked in Adoption and Child Custody for Arkansas on
Answered on Sep 12, 2017
James E Hensley Jr's answer
There is nothing needed to get your child to school or for medical intervention. Adoption is an option but so is a power of attorney.

Q: How do I get emergency guardianship of a horribly emotionally abused 15 year old who is thinking of suicide

1 Answer | Asked in Child Custody for Arkansas on
Answered on Sep 3, 2017
Skye Martin's answer
You'll need to file a petition for guardianship with the circuit court of the county where the child lives.

Q: If I'm playing child support for my child, what rights do I have to him ñ? he is 7 yrs old

1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on
Answered on Aug 3, 2017
Skye Martin's answer
You need to petition for visitation and/or a shared custody arrangement. Paying child support doesn't give you visitation rights. I would suggest contacting an attorney to go over your options.

Q: My grandchildren were removed by dcfs and place with us and my daughter gave us full custody can we adopt now

1 Answer | Asked in Adoption, Child Custody and Child Support for Arkansas on
Answered on Jun 29, 2017
James E Hensley Jr's answer
Thank you for your inquiry. There are a few procedural issues we will need to consider but this is a good time to begin the adoption. Costs are around $4000. Let me know how I might help.

Jim Hensley

501.766.2770

Q: How do i add my name to my sons birth certificate without his mothers cooperation and how do I find out who has custody?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
If the mother of the child does not agree to the name change, you will have to petition a court to change the birth certificate. There are several factors that a court will use to determine whether it is in the child's best interest to allow the name change.

Q: If I have a 1 year old baby can her mother bring her new boyfriend over to stay the night when my daughter is there?

1 Answer | Asked in Child Custody for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
Unless there is a court order specifically prohibiting such behavior, your baby's mother can introduce the child to her new boyfriend.

Q: I'm gonna be 17 in Oct.Can I move out without emancipation or parent permission from AR to MO with other family members?

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Answered on Jun 5, 2017
Stefan K. McBride's answer
Unless you are emancipated or have your parent's consent, you cannot move out of the house.

Q: Can a family member who's convicted of a felony be a guardian of a minor in arkansas

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Answered on May 25, 2017
Brandon M Haubert's answer
The only way to be a guardian is to be pardoned by the governor. You can look at § 28-65-203. Qualifications of guardian

http://law.justia.com/codes/arkansas/2016/title-28/subtitle-5/chapter-65/subchapter-2/section-28-65-203/

(a) A natural person who is a resident of this state, eighteen (18) or more years of age, of sound mind, not a convicted and unpardoned felon, is qualified to be appointed guardian of the person and of the estate of an incapacitated person.

Q: Should I move to dismiss?

1 Answer | Asked in Child Custody for Arkansas on
Answered on May 23, 2017
Brandon M Haubert's answer
Counterclaims are typically used in response to Complaints. From the info in the question it appears you filed a motion. He would need to file a Response to your Motion. That being said, being served matters, technically he is should to respond to your motion and you should to respond to his.

Or neither one of you can respond and you can just set a hearing and go to court.

The judge will not likely grant your motion to dismiss.

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