My ex said that that that if my fiance moves in and spends the night while I have my kids, he is going to press contempt of court charges on me. But there is nothing in our divorce or custody papers saying my fiancee can't live here or spend the night while my kids are here.
answered on Jun 2, 2020
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 
I’m 17 (will be 18 in October) and completely finished with high school. I’m enrolled in college. I have a full time job and my house is almost completely finished for me to move into. My aunt has legal guardianship of me. Due to personal reasons, I no longer wish to be under her roof and wish... View More
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.
answered on May 14, 2020
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
He constantly threatens me with saying he will take the two children and claims to have money for a lawyer when I mentioned taking him to court.
answered on Nov 2, 2019
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
answered on Oct 22, 2019
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
We live in Arkansas. The girls are 11&13. The oldest no longer wants to go to his house.
answered on Oct 15, 2019
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
Their father already took kids to border and left with his family for 8 months.. I want to prevent this as well as reverse custody of my other child back to me..
answered on Oct 15, 2019
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
My ex wont allow me to see my baby. I havent seen her for 5 weeks. My exs attorney wont allow me to come get the baby even though legally nothing has been decided about custody. I know legally right now we have equal rights to the baby but i dont what to get in trouble for just going to get her.
answered on Sep 17, 2019
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
I left because of domestic violence...we moved 6 months ago and he has a xhild support hearing tomorrow...he only filed cause i filed for support...
answered on Sep 17, 2019
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
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... View More
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... View More
Can I stop the school from letting this happen. We have not been to court yet for visitation what are my rights
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... View More
We have two kids together.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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... View More
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... View More
conditions..is 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... View More
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... View More
I was wondering what that is exactly and what can set that into motion for his father to sign his rights over .
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... View More
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.
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... View More
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 split..now a week later he is telling me to bring him back to her. What... View More
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... View More
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
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
