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Arkansas Family Law Questions & Answers
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
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
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
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
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
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
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
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
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
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
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...
Read more »

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
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.

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Is it illegal to give someone a phone against their parents will but for the phone to be a gift to the person.

As long as you pay for the phone can the parents of the one it was given to take it away. If they make the kid go with little food and don’t let them out to go anywhere but to school and if they mentally abuse the kid

Stewart Whaley
Stewart Whaley answered on Dec 23, 2018

illegal? No.

If the parents take it, what exactly would you want to happen?

If the child is being starved and mentally abused, why not use the phone to call DHS?

1 Answer | Asked in Family Law and Domestic Violence for Arkansas on
Q: Me and my girl friend were arguing she does not pay any bills here and has a place of her own I call my step mom and as

She comes and they are loading stuff well I ask to look in her bag because I know there's my stuff in there she don't want me to and she hits me over the head with laundry basket with shampoo in it my step my stops her and they get in to push to shove then are on the floor I go out side and me and... Read more »

James E Hensley Jr
James E Hensley Jr answered on Nov 29, 2018

Goodness. I hear that a lot. The cops show up and the wrong person is arrested. I was a cop years ago and the rules provided that if there are marks, bruising, scratches on one person, the other person would be arrested.

The reason is to end the argument for the night and give folks time...
Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I'm primary custodian & my 13 yo doesn't want to go to his dad's for c/o visitation anymore. Do I have to make him go?

His dad and I have been divorced since he was 2 yo and have a standing custody order/visitation agreement. His dad always has friends over, parties all the time, openly smokes weed with all of his friends in front of my son and his other kids. When he has my son on school nights, my son goes to... Read more »

Stewart Whaley
Stewart Whaley answered on Nov 7, 2018

Yes, you have to make him go.

Ask the court to drug test dad (assuming you can pass one).

Petition the court for a modification of the custody/visitation order and stress the failed drug test.

Generally, courts don't like to stick kids in the middle of a parent-fight....
Read more »

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Is it legal for my husband to sign parental rights away of our infant son in Arkansas if we both agree?

My husband and I are currently separated, and looking to divorce. We have no assets to divide, however, We do have a four month old son together. He believes that if he signs his rights away that he will not have to provide child support for our child, and be free of his parental responsibilities.... Read more »

Stewart Whaley
Stewart Whaley answered on Sep 18, 2018

He doesn't understand the subject. If "signing away rights to avoid child support" was that simple, millions of dirtbags would do it.

It IS possible for a parent's child support obligation to terminate, but the situations are quite specific. For example, someone else adopting the child...
Read more »

1 Answer | Asked in Family Law and Adoption for Arkansas on
Q: Can a judge make it to where you can't get your birth certificate?

I am moving out of a bad situation at home an moving to Arkansas tomorrow, and I was just gonna order me a new copy of my Birth Certificate but I decided to look for my birth certificate anyways, and my mother told me when I was looking for it that they lost all the previous copies and said that a... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 31, 2018

Typically, there is a new BC issued once you are adopted. If you are looking for your original BC, try the Arkansas Department of Human Services in Little Rock. You may also have to reopen your adoption case. It is sometimes difficult to reopen a case.

To answer your question, it was...
Read more »

1 Answer | Asked in Family Law and Child Support for Arkansas on
Q: Fiancee never misses a CS payment, yet we can barely financially survive. What do we do?

Fiancee pays CS for his 2 younger children. He also has a child (separate from others) that lives in the home that is a dependent whom is 17. After paying CS, there is hardly anything left for the dependent living with him. So now shes suffering. Will the courts take that into consideration with a... Read more »

Stewart Whaley
Stewart Whaley answered on Aug 26, 2018

When child support was set, did dad make sure OCSE was aware of the older dependent?

Whether the mother has a job or not, dad still owes support for minor children.

Not an accountant, but grandmother can collect tax credit, IF she meets several tax code requirements....
Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How does my mother in law obtain emergency custody of her nephew she has had since birth and he is now a year and a half

My mother in law has had her nephew since he was born. He is now a year and a half and has permanently resided at her home. Every weekend or everyry other weekend the biological parents take him "to spend time with him". The baby has come back with high amounts of benadryl in his system. My mother... Read more »

James E Hensley Jr
James E Hensley Jr answered on Aug 18, 2018

Guardianship. Grandmother cannot have any felony conviction. Must have suitable home with utilities and a good income. She can't have any miscreants in the home. No bad people can live there.

She could also call DHS. They will come out and look at the place and maybe give her custody....
Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Arkansas on
Q: does an order of protection remain if child custody is changed

My mom got an order of protection against my step-dad for her and my little brothers. My grandma recently took them as their legal guardian. My step-dad brought over a tv for them with my grandmas convent but we are worried my mom will press charges. Is my grandma at any legal fault?

James E Hensley Jr
James E Hensley Jr answered on Aug 6, 2018

Probably won't get into trouble since grandma consented. Still, he could be in some real trouble if she changes her mind. The order tells him to stay away from certain people. It was the Judge who made the order. If step dad wants to see the kids or visit under any circumstances, he must obtain... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: I am the mother of three young boys. They've been staying with grandparents and they won't let me take them.

I need to know how to file an emergency custody hearing. There is no open dhs case. But my oldest son was allegedly molested in their fathers care. His mother admitted this in front of a police officer the other day. I need my kids home and safe.I am the mother and legal guardian on three young... Read more »

Stewart Whaley
Stewart Whaley answered on Aug 2, 2018

Contact local family law attorneys and/or legal aid (income-based qualification). Assuming ONLY the facts provided, you should be able to get an enforceable order to retrieve the kids. If you can't afford an attorney and legal aid doesn't take the case, there are resources online that explain... Read more »

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