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Arkansas Child Custody Questions & Answers
1 Answer | Asked in Child Custody for Arkansas on
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?

Is there such a thing as father confusion in Arkansas? My daughter is only 1. Her mother has already dated and moved in 1 outside we split 6 months ago and is already letting another guy stay over all weekends and taking my daughter to social events such as the rodeo and stuff...is that legal?

Stefan K. McBride
Stefan K. McBride
answered on Jun 5, 2017

Unless there is a court order specifically prohibiting such behavior, your baby's mother can introduce the child to her new boyfriend.

1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
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?

I'm 16 turning 17 in October and I want to move in with my other family members (Dad or sister or brother) when I turn 17 without parent permission or emancipation from Arkansas to Missouri. My older sister or brother would come pick me up from Arkansas, but I don' want to get them in... View More

Stefan K. McBride
Stefan K. McBride
answered on Jun 5, 2017

Unless you are emancipated or have your parent's consent, you cannot move out of the house.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a family member who's convicted of a felony be a guardian of a minor in arkansas

I am the maternal grandmother of the minor child and my daughter is homeless and using drugs. The child has been residing with me for over 3 months. Can I legally be a temporary guardian in arkansas? I am not convicted of any violent crimes nor have I had a history of drug use or criminal activity... View More

Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on May 25, 2017

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,...
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1 Answer | Asked in Child Custody for Arkansas on
Q: Should I move to dismiss?

I filed a motion for change of custody and contempt pro se. I served my ex via certified mail. He picked it up at the very last moment. He also filed a motion for emergency suspension of visitation and contempt about 5 hours after I filed mine and served me with a process server the very next day.... View More

Brandon M Haubert
PREMIUM
Brandon M Haubert
answered on May 23, 2017

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.... View More

1 Answer | Asked in Child Custody, Family Law, Appeals / Appellate Law and Probate for Arkansas on
Q: Can a grandparent granted temporary legal guardianship file for full legal guardianship with no contact of the mother

They did file numerous motions culminating in a legal guardianship being granted to the grandparents and without the court ever one time in the whole procedure seeing the mother in court and has send all paperwork to the wrong address knowingly so the mother would not be informed of the proceedings... View More

James E Hensley Jr
James E Hensley Jr
answered on Apr 19, 2017

The guardianship laws in Arkansas have changed in the last few years. Terminating a guardianship is a lot easier now. Contact an Arkansas attorney to discuss. The law is now on the side of a parent who is fit to care for the child. If that parent consented to the guardianship, it helps also.... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: Want to move in with my bf, but my ex said he would file for full custody even if we marry. We have one 4 y.o. child.

I live in Marion, Arkansas and am wishing to relocate to Braden, TN. with my boyfriend, which is just outside of Memphis. It's a 50 mile relocation and there is nothing in the papers stating that cannot happen. There are many reasons why this move makes sense. I have discussed with my ex and... View More

Stefan K. McBride
Stefan K. McBride
answered on Apr 5, 2017

If you have true joint physical custody, you will not automatically be able to relocate. Instead, you'll have to show that it is in the children's best interests. You are definitely going to need to hire a lawyer for this issue.

1 Answer | Asked in Family Law, Appeals / Appellate Law, Child Custody and Juvenile Law for Arkansas on
Q: First appearance in fins court i tested positive.. and my children was removed by DHS is that illegal?

My daughter had fins filled on her for trudacy but there was no trudacy her teacher had quit and keep her doctors notes instead of turning them in. She will not make it to 10 grade. Because of this. But I lost custody of my children for the failing of one test.

Stefan K. McBride
Stefan K. McBride
answered on Mar 28, 2017

Even if they've been removed, the DHS goal is almost certainly reunification with you. You'll just need to pass some drug tests.

1 Answer | Asked in Child Custody for Arkansas on
Q: I am still married but separated from wife we have a son . She is keeping my son from me. Never been served papers

I just want to know if she has a legal right to keep me away from my son when we're still married but yes we are separated I've had him every weekend without saying anything to me she just took it upon herself to stop me from seeing him and said she taking the advice of her lawyer do I... View More

Stefan K. McBride
Stefan K. McBride
answered on Mar 20, 2017

If you are separated, you need to file for divorce and get a visitation/custody order that clarifies your rights. Right now, it is the Wild West, which means she can do what she wants.

1 Answer | Asked in Criminal Law, Family Law and Child Custody for Arkansas on
Q: If I posted someone's cell number online and asked them to message said number with lewd pictures, is that harrassment?

Backstory: The number belongs to husbands daughter's mother. She has repeatedly contacted my husband and myself with unwanted calls/text. She throws racial slander and came to my job to cause problems. Admittedly I waited to let my anger blow over. I overreacted and may have went too far.

Stefan K. McBride
Stefan K. McBride
answered on Mar 20, 2017

Yes, that constitutes harassment.

1 Answer | Asked in Child Custody for Arkansas on
Q: I have a teen living with me because parent was unable to care for her. (8 months) Do I have any legal rights?
Stefan K. McBride
Stefan K. McBride
answered on Mar 17, 2017

You do not have any legal rights unless the parents have given you power of attorney over the child or you have gone to court and asked for rights.

1 Answer | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: I have had a child in my care for the past 6 years. I am not the childs biological father, the child was removed by DHS.

Do I have any legal courses I can take to get visitation rights to this child or have him returned to my care? The mother volunrary placed him with me when he was 2 and he is now 8.

Stefan K. McBride
Stefan K. McBride
answered on Mar 16, 2017

To your question on visitation rights: You should be able to get court-ordered visitation because you have stood in loco parentis to the child. You may also be able to get custody or even adopt the child, depending on the particular facts of your case.

1 Answer | Asked in Child Custody, Child Support and Divorce for Arkansas on
Q: I am wanting to file for divorce, but I moved home with my kids to Arkansas and he still lives in Oklahoma.

Will I have to file in Oklahoma?

Stefan K. McBride
Stefan K. McBride
answered on Mar 15, 2017

You can file for divorce in Arkansas after living here 60 days, but Arkansas will not have jurisdiction over the children until you have lived here for six months.

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