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Arkansas Family Law Questions & Answers

1 Answer | Asked in Child Support, Divorce and Family Law for Arkansas on

Q: Can I file an emergency custody order while being married? He resides in Tennessee and my daughter and I reside inArkan

We have split time with her for the summer there isn't any legal agreement or divorce proceedings filed. School is about to start as I will have her during the week per verbal agreement. I received Medicaid and arkids for my daughter and I are the state is now requiring I file for child support... Read more »

Patrick R. Lee answered on Aug 13, 2019

It sounds like you need to get divorced and get a custody/support order in place.

There are some potential issues with jurisdiction because she spends what looks like equal time in both states, but regardless, this is an issue you probably need to get in front of an attorney to figure out...
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1 Answer | Asked in Child Custody and Family Law for Arkansas on

Q: 25yr old male and 24yo female. Almost 3yr old male child. Respondents are married, resides on paternal 100+ acres

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... Read more »

Patrick R. Lee 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 visitation which... Read more »

1 Answer | Asked in Family Law for Arkansas on

Q: My girlfriend's parents refuse to let her move out and if she does, they threatened to call the police or bring her back

My girlfriend is 26.

Patrick R. Lee answered on Aug 6, 2019

This may sound a little insensitive, but do her parents have guardianship over her? If she has some form of mental disability, they may have guardianship over her which means they get to make decisions like that for her.

If not, then there's nothing her parents can do to prevent her from...
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1 Answer | Asked in Family Law, Child Custody and Child Support for Arkansas on

Q: How do I know if my fiancé signed away his rights to his child. Arkansas

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.

Patrick R. Lee 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...
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1 Answer | Asked in Divorce and Family Law for Arkansas on

Q: How long will a Divorce Settlement Agreement take to become a finalized decree of divorce once both parties signed?

My spouse had filed for an uncontested divorce in which I later contested and made a counterclaim for. In the beginning of this process, neither of us had an attorney and were representing ourselves. In court after my spouse made his argument (which wasn’t well prepared), the judge then told him... Read more »

Patrick R. Lee answered on Jul 30, 2019

The judge cannot enter a decree of divorce until at least 30 days after the original complaint is filed, even when it is an uncontested divorce. It sounds like that amount of time has definitely passed.

You shouldn't have to return to court if the attorney is preparing some deposition...
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1 Answer | Asked in Family Law for Arkansas on

Q: Unmarried father, wife left son at my house, has had bare minimum contact for the past week. Do I have a good chance?

Left a week ago, has been prioritizing her new boyfriend over her son. Said she didnt have gas to bring our son formula, but she had gas to go to little rock to meet her new mans mother. She say's she is going to take him from me, but her and her new boyfriend are staying at another friends on his... Read more »

Patrick R. Lee answered on Jul 29, 2019

Your question is a bit hazy. Do you have a good chance of what? Do you want to pursue getting more time with your son? Do you have a custody arrangement established by a court order? You say you're an "unmarried father" but refer to her as your wife. Has your paternity been established by an... Read more »

1 Answer | Asked in Family Law for Arkansas on

Q: Can a lawyer declare my visitation rights to be suspended without a court order signed by a judge?

My ex wife's lawyer emailed me last month with video evidence of professional wrestling stunts to say that I was a danger to my son. My son was with his mother during the time the videos were made.

Patrick R. Lee answered on Jul 26, 2019

No. Only a judge can modify your visitation.

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

Q: My ex and I have joint custody but he has physical custody of our son. His job is nowout of state does this change thing

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... Read more »

Patrick R. Lee 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 "material... Read more »

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

Q: can I get rights terminated if I put a stop to revolving door biological dad due to it hurting my 5 year old?

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

Patrick R. Lee 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 see all of the...
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1 Answer | Asked in Family Law for Arkansas on

Q: I have a 17 year old daughter that lives with her father.She is out of school and has a job.

She does not what to live with her father anymore.Will we have to go to court to change the custody status?She is 2 months aways from 18.Her father has a girlfriend that is on drugs.

Patrick R. Lee answered on Jul 18, 2019

While she's still a minor, the person who is her current custodian has the legal right to make decisions for her. If you went to court, the problem might not even be solved by the time she turned 18 and it would be pointless, by then.

Does he want her to continue living with him?

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

Q: Am I allowed to move out of state with my child without going to court?

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... Read more »

Patrick R. Lee 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 from... Read more »

1 Answer | Asked in Family Law and Child Support for Arkansas on

Q: Arkansas statue of limitations on arreage debt?

Patrick R. Lee answered on Jul 17, 2019

If its a debt based on written contract, the statute of limitations is three years from the date of breach. I'd have to know more about the circumstances to know for certain when the statute runs.

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

Q: I'm in Faulkner County Ar., and was served a petition to establish paternity and custody, how do i file answer to this?

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... Read more »

Patrick R. Lee 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?

1 Answer | Asked in Adoption and Family Law for Arkansas on

Q: How hard is it to do a step parent adoption without bio fathers permission

I had two children with my ex husband who draws ssi and is not required to pay child support bc of ssi. Our youngest was born in April 2012 and in May 2012 we separated when he left for work and never came back and I moved from Tulsa back to Arkansas. In october 2012 the divorce was final and he... Read more »

Stewart Whaley answered on Jul 6, 2019

Bio dad must receive notice, at least, and it would be best to gain consent and a waiver. Since he has not had contact in so long, it is possible a judge would find it is in the children's' best interest to be adopted by stepfather, even if dad doesn't consent.

1 Answer | Asked in Family Law and Juvenile Law for Arkansas on

Q: When a judge signs a continuance does it have to be signed. The day she continues to next court

The judge signed continuance a month after the contiunance was ordered

Stewart Whaley answered on Jul 6, 2019

Judges often sign paper/electronic orders well after they are filed or stated in court. It is not uncommon and generally not going to impact the case.

1 Answer | Asked in Family Law for Arkansas on

Q: if I leave state with my son would I be charged with kidnapping and if I left him here would it be abandonment.

I have a son. His dad and I have joint custody. The relationship is going down hill. I need out of it. I’m planning to move out of state. I have been told if I leave with him I could get charged with kidnapping and if I leave him here then I am abandoning him. The dad will not agree to this. I... Read more »

Stewart Whaley answered on Jul 6, 2019

Arkansas has jurisdiction. The child will have to live in the other state at least 6 months (the UCCJEA statute governs this) before you have any legal success in the new state. It sounds like his dad will file in Arkansas before that happens. You should file in Arkansas, if you have sufficient... Read more »

1 Answer | Asked in Estate Planning, Family Law, Immigration Law and Real Estate Law for Arkansas on

Q: Where do I start

I am freaking out about my family .. ALL of my family. I'm worried about where everyone is and what exactly has happened to all of us. I gotta figure out the money thing so that I can get funding to my family that is locked up.

Rehim Babaoglu answered on Jun 21, 2019

Your Q is unclear. Are your family members in US ICE custody and facing deportation proceedings?

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

Q: sole legal custody parent has not gotten glasses or eye exam for vision impair son for a year. Can the NCP get legal cus

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... Read more »

Chris W. Burks 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 it... Read more »

1 Answer | Asked in Adoption and Family Law for Arkansas on

Q: After Adoption is finalized. Can Grandparents of the deceased biological parents sue for visitation rights?

James E Hensley Jr answered on Mar 6, 2019

An adoption severs all ties with the parent and their relatives. See Section (a)(1) below.

Ark. Code Ann. Section 9-9-215. Effect of decree of adoption.

(a) A final decree of adoption and an interlocutory decree of adoption which has become final, whether issued by a court of this...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on

Q: have court ordered visitations with my daughter's but their father has refused my visits for over 2 years. Help?

Stewart Whaley 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.

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