Will was created with a trust to be established and a bank named as trustee due to possible mental capabilities of only child. However full financial POA was given to only child 12 years after said will was created but never introduced to the courts. POA was registered with circuit court clerk... Read more »
It is not possible to give you definitive answers without reviewing the actual instruments to which you refer. Sometimes people mischaracterize documents because they do not understand what they actually are.
As a general rule, however, POAs expire at the death of the principal, and...Read more »
I asked him why he was not answering any of my calls/text regarding our child. He decided to flip the switch and play victim. “I don’t have to speak to you.” Okay but we have a child together. There is no reason for us to be bitter and fight. The conversation turned bitter and he finally... Read more »
Yes. At the end of the day, it's up to the prosecutor whether charges against you proceed. A victim's wishes are only part of the equation. You're also admitting to assaulting the victim on a public website. Not recommended. I do suggest you speak with an attorney in your area who...Read more »
i wrecked while involved in a police chase well the officer didn’t bother to help my wife and kids that was in the truck was he supposed to detain me and then tend to them cause he didn’t and was he supposed to have my daughter turn the truck off… was the officer in the right to continue to... Read more »
It would depend on the facts of your case. Was the custody order out of a juvenile case? Were the parents awarded any visitation? Have they been visiting with your granddaughter? Have they been paying you child support? If the parents haven't had any relationship with your granddaughter...Read more »
Generally speaking, visitation and child punishment are entirely separate issues (though they may seem related). One public policy consideration is that, as a society, we don't want parents effectively penalized due to a child's bad behavior and we don't want child punishment...Read more »
Possibly. Outside of the parents being married when the child is born or going to court, paternity can also be established by signing an Affidavit Acknowledging Paternity, which is generally made available at the hospital when the child is born. If paternity has not been established by any other...Read more »
As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances...Read more »
My brother has a daughter that he hasn’t been allowed to see or do anything for in 4 months since November of 2020. His ex is willfully keeping him from his daughter and she has since sent him voice messages saying her fiancé has signed the birth certificate or paternity paper. Can he receive... Read more »
Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to...Read more »
My sister dropped her baby off with his father (10 months old) and when she went to pick him up his father refused to give her son back. They were never married but his name is on the birth certificate. She called the police for help getting her son back and they said she would have to request... Read more »
This would be time to file for an ex parte emergency custody petition. You will need to list out all of the information you have as to why this is an emergency in your petition. Meth use will most likely be enough. However, if you can get a copy of the child protective services information, it...Read more »
Yes. Children do not get to decide if they want to go to the other parents residence or not. If there is something going on at Dad's house that is unsafe, abusive, or puts her in danger, then you can petition the court for a change in custody (and if it is extreme, then an emergency custody...Read more »
My 21 year old daughter has a 7 month old baby. My daughter has been battling with drug addiction on and off for about 5 yrs. Recently she dropped her baby off at her fathers house to stay for a few days. When she returned to pick her baby up her father refused to let her have her baby. He says he... Read more »
If your daughter was never married to the father and he has never been adjudicated the father by the Court then no. However, he can petition the court for paternity and custody. The father can also file an ex parte emergency custody petition with his paternity action to get immediate custody if the...Read more »
I am not married to the father of my child and As I understand the court system says I have to have someone to adopt my child; ie: boyfriend or husband. Why? I am willing and capable of taking full responsibility, I will establish a will with guardianship in case something happens to me and... Read more »
In Arkansas, you can adopt your own child. You don't need someone else to adopt the child for you or with you. Seems odd but you basically follow the adoption statute; i.e., you must be over 18, of sound mind, have no felonies on your record, be able to care for the child and a few others that...Read more »
I need an attorney who will fight for me against DHS I have the worst case workers possible. I have a good case and I have several recordings and proof is there anyone who will take dhs on? I have an ajudication heraring coming up. AT the probable cause hearing they gave me my children back but the... Read more »
In most circumstances, the guardian makes that decision. If the guardian wants to move the ward out of the court's jurisdiction, the guardian will need approval from the court. A court may also limit what decisions a guardian has control over. If you have a question about a specific...Read more »
they have told me they are only allowed to open 1 window and they have stated that he can't plug in an air conditioner because he's afraid the house will catch fire because of the wiring. there is also vines growing through the walls of the home and the walls are bulging out. they live in... Read more »
I'm not sure the facts you've presented will be enough for a court to issue an emergency order but you could certainly ask a court for a custody modification based on these facts. If their dad can't provide a safe environment for the kids you could ask the court to limit his time...Read more »
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