My childs father and I were unmarried. We split about a year and a half after she was born. She has been with me for 2 years. He moved to another state for rehab but has moved back and now claims he wants to be part of her life though he shows no consistency. I want to move out of state within the... View More 
answered on Jul 18, 2019
It depends on whether he has established paternity. If he's signed an acknowledgment of paternity or his name is on the birth certificate, he may have an argument that he has rights to the child, but it also sounds like no court has awarded him visitation or anything. If he wants to stop you... View More
He is not on the birth certificate and he once told me that he wanted to keep partying Instead of being a father. Now he is saying that he is ready and that he wants to step up. Is it legally too late? I don't know if I want to trust him or not because not only has he abused me but he had... View More
answered on Jul 18, 2019
Until his paternity is established, he doesn't have any right to see the baby. If he wants to have rights, he has to go through the legal process of filing a paternity action. It is not legally too late for him to do so because it sounds like he has made some very minor efforts to be in the... View More
2 kids can my husband leave state with one of are two kids without permission and no interest in bring the child back
answered on Jul 17, 2019
You and your husband both have a constitutional right to access to the children until a court orders otherwise. If you think your husband is about to leave the state with one of your kids and never come back, you probably need to get something filed to prohibit him from doing that. I would... View More
My daughters father wants to take custody completely from me and is trying to use my past against me. Meaning i was abused most of my upbringing and become a addict due to it. In 2014 I had lost everything in tornado and i had fallen in deep depression and relapsed. It was suggested to myself that... View More
answered on Jul 17, 2019
The best way it so hire an attorney and let them guide you through the process. It sounds like he's definitely the father, so he'll likely be awarded some sort of visitation, but he'll likely be required to pay child support to the child's current custodian. Is that you or your mother?
My boyfriend's Ex-wife has sole physical and legal custody (he was unaware of what he was giving up). Their son has bad vision, he has gone over a year without an eye exam and went without glasses for a year. My boyfriend kept asking her when she was going to do it and she kept saying she was... View More
answered on Apr 5, 2019
Thanks and the standard for a change in custody in Arkansas is a material change in circumstances. You could argue that the child's poor attendance and performance in school, coupled with worsening health amounts to a change in circumstances. There are many factors a Court will consider, but... View More
How do I proceed to take action? I do owe back pay due to incarceration, we court ordered every other weekend to have kids. She had em weekend before so it’s my weekend. She stating just cause she didn’t receive child support payment that I’m not getting kids on my weekend?
answered on Jan 6, 2019
She is violating the visitation order.
Visitation and child support are separate. That is, she had no right to stop visitation because you aren’t paying. Only the judge can modify the visitation.
She needs to go through the court/OCSE to address child support, not keep you... View More
answered on Jan 2, 2019
You need to ask for relief from the court that ordered the visitation.
He is violating an order from that court. For example, you could file a motion for contempt of court for not complying with the order.
Ex filed divorce and custody got temporary custody on lies he told on me and his lying to our kids about me his getting our kids to hare me and pushing away from me we live in 2 different state I have proof of his lies can I file for emergency custody from the state I live in
answered on Jan 2, 2019
You probably need to file in the state that granted temporary custody. Talk with a family lawyer about specific facts that might impact what you do next.
His dad and I have been divorced since he was 2 yo and have a standing custody order/visitation agreement. His dad always has friends over, parties all the time, openly smokes weed with all of his friends in front of my son and his other kids. When he has my son on school nights, my son goes to... View More
answered on Nov 7, 2018
Yes, you have to make him go.
Ask the court to drug test dad (assuming you can pass one).
Petition the court for a modification of the custody/visitation order and stress the failed drug test.
Generally, courts don't like to stick kids in the middle of a parent-fight.... View More
I've had my kids all their life them with no help or contact with thier father until recently. Me and my husband moved to arkadelphia and the kids stayed with thier father until we could get on our feet and now he wnot give them back.
answered on Nov 6, 2018
Where you married to him when the children were born or has he legally established paternity in another fashion (acknowledgement of paternity at birth, OCSE enforcement case, etc)?
He may have no parental rights in the first place.
In that case he would have the same right that I... View More
I have no rights. Her will not cooperate with me.
answered on Oct 31, 2018
There isn't enough information given.
What do you mean by "pay child support?"
If you are the legal father and paying support (through an OCSE paternity action, court ordered child support from a divorce, etc.) you need to determine your custody/visitation situation.... View More
My husband and I are currently separated, and looking to divorce. We have no assets to divide, however, We do have a four month old son together. He believes that if he signs his rights away that he will not have to provide child support for our child, and be free of his parental responsibilities.... View More
answered on Sep 18, 2018
He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.
It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else... View More
answered on Aug 25, 2018
No, but you might consider looking into options like abandonment, termination of parental rights and any child support issues.
Also consider - what is the likelihood that a "forced" visitation would be positive for the child's development?
I can't imagine the... View More
My mother in law has had her nephew since he was born. He is now a year and a half and has permanently resided at her home. Every weekend or everyry other weekend the biological parents take him "to spend time with him". The baby has come back with high amounts of benadryl in his system.... View More
answered on Aug 18, 2018
Guardianship. Grandmother cannot have any felony conviction. Must have suitable home with utilities and a good income. She can't have any miscreants in the home. No bad people can live there.
She could also call DHS. They will come out and look at the place and maybe give her... View More
My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?
answered on Aug 6, 2018
Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must... View More
I need to know how to file an emergency custody hearing. There is no open dhs case. But my oldest son was allegedly molested in their fathers care. His mother admitted this in front of a police officer the other day. I need my kids home and safe.I am the mother and legal guardian on three young... View More
answered on Aug 2, 2018
Contact local family law attorneys and/or legal aid (income-based qualification). Assuming ONLY the facts provided, you should be able to get an enforceable order to retrieve the kids. If you can't afford an attorney and legal aid doesn't take the case, there are resources online that... View More
My husband has been served paperwork. His ex-girlfriend's husband wants to adopt his biological daughter. The paper work says that he was classified as abandonment because he has not spoken with his daughter or paid child support in over 7 years. He has tried to see his daughter many times... View More
answered on Jul 20, 2018
Get a real lawyer. You should not have to wait 3 weeks. Your husband will have some trouble but the mother will have some real trouble saying dad abandoned the child.
Jim Hensley
My fiancé had a child who is now almost 7. He has never been able to see his son because his mother keeps him from him and his name isn’t on the birth certificate or anything. We have found out recently that she has been on meth and in and out of jail for the past year and still somehow has... View More
answered on Jun 12, 2018
You should contact an attorney with child custody experience. You need to establish paternity, them move towards visitation and custody
We never went to court to establish anything we just did a paternity he sees his son once a month because he's a truck driver we usually have good communication skills but I feel like it's been too excessive lately
answered on May 27, 2018
What does “did a paternity mean?”
My guess is a paternity test...
You don’t HAVE to tell him anything.
Unless paternity has been legally established (one of you has to bring a law suit), he has no rights, basically.
https://whlawoffices.com/establish-paternity/
I am the biological mother and defendant is not but on the birth certificate. She has a no contact order for slapping child across the face at 17 months old
answered on May 11, 2018
Yes. However, the Judge will still be guided by "the best interests of the child(ren)."
That is, a court what is best for the kids regardless of a default by a parent.
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