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.
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....
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.
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...
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....
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.
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.
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.
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.
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.
(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.
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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