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Arkansas Family Law Questions & Answers
1 Answer | Asked in Family Law for Arkansas on
Q: I removed my name from my child's birth certificate with a recission of paternity form. I wish to have it placed back.

I have court admissible DNA test results. And I and the mother both agree she is my child. What form do I need to turn in to the courts to open a case in which I establish paternity and can have my name put on the birth certificate

T. Augustus Claus
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answered on Feb 13, 2024

In Arkansas, to have your name placed back on your child's birth certificate after a rescission of paternity, you will need to establish paternity through the court. This typically involves filing a petition for the establishment of paternity in the appropriate family court. Since both you and... View More

1 Answer | Asked in Family Law and Real Estate Law for Arkansas on
Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

James L. Arrasmith
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answered on Jan 14, 2024

To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.

In...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can Public School deny my request with a court order in place on my children

In my divorce papers this states that I have first option before my ex-wife can find a care provider such as a babysitter daycare or a third party to watch the children. Which she must ask me first if I refuse then she may use outside sources. This falls under the claws in our divorce papers the... View More

James L. Arrasmith
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answered on Jan 13, 2024

In cases where there is a court order in place specifying the terms of custody and parenting time, including a "first to refuse" clause, the school should typically adhere to the terms outlined in the court order. However, schools may have their own policies and procedures, so it's... View More

1 Answer | Asked in Family Law for Arkansas on
Q: My niece lives with her mother in Oklahoma and is miserable, mother is emotionally abusive. My niece is wanting to move

To Arkansas to live with my wife and I and our children but won't be 18 until mid July. What can be done?

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answered on Jan 12, 2024

To address the situation where your niece wishes to move from Oklahoma to Arkansas due to alleged emotional abuse by her mother, it's essential to navigate the legal aspects carefully. Given that your niece won't turn 18 until mid-July, she is still a minor, and custody laws will likely... View More

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: In the state of Arkansas, may a step dad adopt without the fathers consent if the father was never married to the mother

Also the biological father has not had anything to do with the children in 2 years.. financial or physical contact

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answered on Jan 11, 2024

In Arkansas, the ability of a stepfather to adopt a child without the biological father's consent can be influenced by several factors. Typically, if the biological father has not maintained contact or provided financial support for the children for a specified period, the court may be more... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi

We are divorced

James L. Arrasmith
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answered on Dec 31, 2023

In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to destroy my property that I had before the marriage, and some gotten during marriage?

All property that was acquired during marriage I paid for. Also he packed his stuff and left but took alot of stuff belonging to me that I had before we were married and some stuff I bought after we were married but while we were separated. IS this legal for him to do this?

James L. Arrasmith
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answered on Nov 9, 2023

If your husband has destroyed or taken property that belonged to you before the marriage, or property acquired during the marriage without your consent, this is not typically permitted under the law. Property brought into the marriage by one spouse is generally considered separate property, and... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: In Arkansas, my ex and I have joint custody. He has no heat or water in the home. What can I do?

We have joint legal and physical custody. He has no running water or heat.

T. Augustus Claus
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answered on Oct 16, 2023

If you have joint custody of your children and your ex-husband's home does not have heat or water, you can try to talk to him about the situation or file a motion with the court to modify your custody agreement. You may also want to contact the Arkansas Department of Human Services. For... View More

1 Answer | Asked in Child Support and Family Law for Arkansas on
Q: I have permanent guardianship of my granddaughter. Can I ask for child support from one or both parents?

The presiding judge told me to talk to OCSE but there is no support order in place. And does mine or my husband's income factor in ?

T. Augustus Claus
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answered on Sep 29, 2023

Yes, you can typically ask for child support from one or both biological parents if you have permanent guardianship. The incomes of you and your spouse usually won't replace the biological parents' obligation to support their child.

2 Answers | Asked in Family Law for Arkansas on
Q: If a spouse names 3 people...on durable p.o.a. does the agent override the successor agent in Arkansas?
John Michael Frick
John Michael Frick
answered on Aug 27, 2023

Override is not really the correct term.

The agent named in a POA is authorized to take whatever action on the principle’s behalf that the principle himself can take.

If the principle’s spouse has superior rights to the principle, the spouse’s rights will also be superior to the agent’s.

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1 Answer | Asked in Family Law for Arkansas on
Q: Can a Great-Uncle marry his Great-Niece?
T. Augustus Claus
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answered on Aug 23, 2023

In Arkansas, it is generally not legally permissible for a great-uncle to marry his great-niece. Marriage between close blood relatives, including great-uncles and great-nieces, is typically prohibited by state laws due to concerns about potential genetic and familial issues.

2 Answers | Asked in Family Law, Social Security and Child Support for Arkansas on
Q: My Social Security check is being garnished by the State of Tennessee through The US Treasury DEPARTMENT for Back Child

Support. I now and have lived in Arkansas for over 20 years also. What can I do to challenge or even stop this Garnisment . It is $375 a month that comes directly out of my check. Thanks Kerry

James L. Arrasmith
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answered on Sep 21, 2023

To address this garnishment issue, you should contact the child support enforcement agency in Tennessee and provide documentation of your residence in Arkansas for the past 20 years. Request a review of your case to update your current state of residence, as child support orders are typically... View More

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2 Answers | Asked in Family Law, Social Security and Child Support for Arkansas on
Q: My Social Security check is being garnished by the State of Tennessee through The US Treasury DEPARTMENT for Back Child

Support. I now and have lived in Arkansas for over 20 years also. What can I do to challenge or even stop this Garnisment . It is $375 a month that comes directly out of my check. Thanks Kerry

John Michael Frick
John Michael Frick
answered on Aug 22, 2023

The best way to stop this garnishment is to ascertain the total amount of back child support you owe from the state child support agency, pay that amount, and then file an application to discontinue the garnishment order.

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1 Answer | Asked in Family Law for Arkansas on
Q: I married 6 months ago and applied for my name change noticed my husbands name was not correct and needs corrected

His last name is first, first name middle, and middle name last. What do I need to do

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answered on Aug 17, 2023

In Arkansas, if there's an error in your husband's name on your marriage certificate, you'll likely need to contact the county clerk's office where the certificate was filed. They can guide you through the process, which may involve completing a correction affidavit with both... View More

1 Answer | Asked in Family Law for Arkansas on
Q: How long does investigators have to work and make a decision in a child maltreatment case in Arkansas

It's been 90 days since the case has been opened

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answered on Aug 3, 2023

In Arkansas, child maltreatment investigations are generally conducted by the Division of Children and Family Services (DCFS) within the Arkansas Department of Human Services (DHS). The duration of an investigation can vary depending on the complexity of the case and the specific circumstances... View More

1 Answer | Asked in Family Law for Arkansas on
Q: What do you put on a minor name change consent form when the father is unknown?
T. Augustus Claus
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answered on Aug 2, 2023

In Arkansas, as in other states, a name change for a minor typically requires the consent of both parents. However, if the father's identity is unknown or he cannot be located, you may need to take additional steps to proceed with the name change.

In such situations, you may need to...
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1 Answer | Asked in Family Law and Health Care Law for Arkansas on
Q: my sister put me in a home but my aunt is payee of my check but my aunt gives them my money does she have too
Tim Akpinar
Tim Akpinar
answered on Jul 28, 2023

An Arkansas attorney could advise best, but your question remains open for two weeks. It could depend on the arrangements that were made. It's possible that some type of third-party arrangement had been made here, where others may have been placed in control of your health care decisions or... View More

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