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Arkansas Family Law Questions & Answers
1 Answer | Asked in Family Law and Juvenile Law for Arkansas on
Q: What petition should I use to transfer guardianship back to me if the guardian agrees?

Guardianship since 2012. . Grandma is not opposed. Say I just need to draft and file proper paperwork. I'm in Arkansas and not sure what to file

Dustin Alan Duke
Dustin Alan Duke answered on Oct 19, 2019

If the guardianship is here in Arkansas, and if you are a parent of the child, you would need to file a petition to terminate the guardianship. If you need assistance or have further questions, feel free to contact me.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I have primary custody of two daughters. I believe their father is using drugs. Can I ask that he be drug tested?

We live in Arkansas. The girls are 11&13. The oldest no longer wants to go to his house.

Dustin Alan Duke
Dustin Alan Duke answered on Oct 15, 2019

The short answer to your question is "yes." You could file a motion with the court in your previous custody case and allege that you believe your ex is on drugs and request a drug test. The judge would need to sign an order requiring your ex to take the test. You would likely be responsible for... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Immigration Law for Arkansas on
Q: How can i prevent kids father of taking kids out of country he has custody of one and i have custody of the other

Their father already took kids to border and left with his family for 8 months.. I want to prevent this as well as reverse custody of my other child back to me..

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Oct 15, 2019

Madam,

I am not a family law attorney neither authorized to practice law in your state but you need to contact a family attorney in your area ASAP regarding this matter or if you don't have the means to afford an attorney you can contact legal aid and see if you qualified for their...
Read more »

1 Answer | Asked in Family Law and Elder Law for Arkansas on
Q: Can I be forced to be my father’s POA or guardian? I do not want to be
Marilyn  Johnson
Marilyn Johnson answered on Oct 8, 2019

Absolutely not.

1 Answer | Asked in Family Law for Arkansas on
Q: My fiancee mother got adult guardianship over while he was in a coma from an accident 3 months ago. He is now awake

And talking . She placed him in a living rehab facility. He desires rehab from hom how. How can he terminate her guardianship

Dustin Alan Duke
Dustin Alan Duke answered on Oct 7, 2019

In order to terminate the guardianship he will have to show the court that he is no longer incapacitated. This can be done by having his treating doctor fill out an affidavit. He would also have to file paperwork with the court asking that the guardianship be terminated. His mother would be... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: From previous...does he file in Arkansas or Kentucky?

We are both seeking visitation with he having, at the least, joint custody, though full custody is ideal. We also want visitation with the child that is not his biologically and that child has no father listed on his birth certificate. My son has never been abusive to his ex girlfriend, but she has... Read more »

Dustin Alan Duke
Dustin Alan Duke answered on Sep 23, 2019

Feel free to contact me if you want to schedule a time for a consultation. I can be reached at (501) 960-6060.

1 Answer | Asked in Family Law for Arkansas on
Q: Does he file in Arkansas or Kentucky? Getting conflicting answers.

My son and his now ex-girlfriend have one biological child together plus he has raised her other son as his own since he was 2 months old. He is now 3. In April, she said she was going to visit family in Kentucky and never came back. She took the 3 year old and left the 2 year old. She came back a... Read more »

Dustin Alan Duke
Dustin Alan Duke answered on Sep 21, 2019

If the children lived here for six consecutive months before they were moved to Kentucky, then Arkansas has jurisdiction to hear child custody until the children have lived in Kentucky for six months. That said, if the child's mother claims that your son was abusive to her (and she can prove it)... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: I have a will that leaves everything to my daughter. Recently I decided to change beneficiaries on my stocks.

Do I need to change my will too

Dustin Alan Duke
Dustin Alan Duke answered on Sep 19, 2019

Property that you have a beneficiary (or transfer on death TOD designation) for, such as your stocks, passes outside of probate. That is, the property automatically will go to the person listed as the beneficiary with the financial institution or brokerage firm without the need to go through the... Read more »

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: can i legally go get my baby? if not what do i do?

My ex wont allow me to see my baby. I havent seen her for 5 weeks. My exs attorney wont allow me to come get the baby even though legally nothing has been decided about custody. I know legally right now we have equal rights to the baby but i dont what to get in trouble for just going to get her.

Dustin Alan Duke
Dustin Alan Duke answered on Sep 17, 2019

If you and your ex are married and the child was born during the marriage, then you are correct that you both have equal rights to him/her. Therefore, the law does not prevent you from getting your child from a third party such as daycare or school. However, if your ex has an attorney, it sounds... Read more »

2 Answers | Asked in Child Custody and Family Law for Arkansas on
Q: I have a friend who has a 15 year old son who is depressed & wants to go live with his father is this legal w/I court?

The two parents have a custody agreement with the father seeing kids every other weekend. The mother doesn’t communicate with the dad she communicates with the dads father instead. He pays child support & the son has mentioned self harm due to feeling like this is the way out of there. He wants... Read more »

Patrick R. Lee
Patrick R. Lee answered on Sep 6, 2019

If the father doesn't return the child to the custodial parent when his visitation period is over, the court could find him in contempt of whichever court order established the visitation arrangement.

However, it sounds like the son really wants to live with his father. It may be in the...
Read more »

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1 Answer | Asked in Family Law, Criminal Law and Personal Injury for Arkansas on
Q: In the Supreme Court decision, Wright vs. UNION NATIONAL BANK.

Very little was given back, they stole Hi Daniel's oil and Gas Co. After this decision, million hidden in overseas accounts, nothing returned to June Grubbs. I just found the money existed, that it was millions, about the Gas Co. Law firm is closed. In last sentence, was chancelOrs decision that... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 24, 2019

This appears to be a matter of considerable complexity that would be difficult for an attorney to respond to in a basic Q & A forum. As a starting point, you could contact an Arkansas attorney to arrange a consultation. It was categorized under Personal Injury, but seems closer to being something... Read more »

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
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...
Read more »

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
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
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...
Read more »

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
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...
Read more »

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
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...
Read more »

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
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
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
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 »

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