The DA in sacramento were helpful in getting the child back but they were not able to press criminal charges as he ultimately complied to the release of the child. I am unable to get a protection order in CA as i am no longer a resident or in AR as the crime was not committed here and there were no... View More 
answered on Aug 18, 2023
Charging decisions are at the discretion of a prosecutor or DA (synonymous terms dependant on how a State titles the position). You may try to charge the ex in your home state and the authorities then make the decision. You also may wish to contact your divorce attorney to explore whether you can... View More
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answered on Jul 27, 2023
If you believe your child is being abused or is in danger, it is crucial to take immediate action to protect their well-being. In cases of suspected child abuse or neglect, it is essential to report the situation to the appropriate authorities, such as Child Protective Services (CPS) or law... View More
I live in the State of Arkansas where it's now automatically joint custody. My husband is verbally and emotionally abusive to me and I am fearful it's going to trickle down onto our (adopted) son.
To set myself up for the best chance at getting sole custody of our (adopted) son -... View More
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answered on Jul 11, 2023
To help in a sole custody case, consider documenting incidents of abuse with dates, times, and descriptions. Save written communication that demonstrates abusive behavior. If there are witnesses, gather their contact information. Document any negative impact on the child's well-being.
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... View More
answered on Mar 12, 2022
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... View More
I had temporary custody for a couple months and then was given permanent by a judge. I have had custody almost 5 years now.
answered on Aug 7, 2021
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... View More
answered on May 10, 2021
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... View More
answered on May 10, 2021
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... View More
got a complaint on paternity and judgement of paternity
they're still legally married. no papers have been filled. she wants full custody and my brother said no. we're just up visiting and she knows it. he still has contact and let's her know everything. she says she'll call the cops cuz she wants her back. will he be in trouble
answered on Apr 13, 2021
If nothing has been filed-no formal proceedings commenced, they are simply parents of children and are on equal footing. They are charged with caring for those children under Arkansas Law.
My god daughter has been living with me for over 2yrs. Her parents are separated (for about the same amount of time) can they sign custody over to me in their divorce? Or does that have to be done separately?
answered on Mar 8, 2021
It's called a guardianship and does require a Court action. You will do the divorce AND guardianship at the same time. Many Judges prefer two different actions. There is a lot going on in a guardianship. Many guardianships turn into adoption at some time. Parents often let the guardian (you)... View More
tested positve for meth do i have to send my daughter that she has weekend visitation with to her house or is that grounds for an emergency hearing?
answered on Nov 10, 2020
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... View More
answered on Nov 5, 2020
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... View 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... View More
answered on Oct 7, 2020
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... View More
Of paper work I need to fill out to if I was to die before she 18 to make sure she stays with my sister and not go to foster care.
THANK YOU VERY MUCH T HARVEY
answered on Sep 2, 2020
You could designate your sister as a preference for guardian for your daughter in a Will. If you need assistance in drafting a will or other estate planning documents feel free to reach out to me.
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... View More
answered on Jul 14, 2020
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... View 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... View More
answered on Jul 1, 2020
I would be happy to set you up a free consultation with our attorney who specializes in DHS cases. Feel free to reach out through my profile or give us a call.
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... View More
answered on Jun 15, 2020
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... View More
My ex said that that that if my fiance moves in and spends the night while I have my kids, he is going to press contempt of court charges on me. But there is nothing in our divorce or custody papers saying my fiancee can't live here or spend the night while my kids are here.
answered on Jun 2, 2020
If it is not addressed in the divorce or custody document you wouldn't be in contempt (it is frequently included, so make SURE that is the case). However, he can ask the court for a modification to restrict cohabitation.
I would expect that to be successful. Conservative state,... View More
I’m 17 (will be 18 in October) and completely finished with high school. I’m enrolled in college. I have a full time job and my house is almost completely finished for me to move into. My aunt has legal guardianship of me. Due to personal reasons, I no longer wish to be under her roof and wish... View More
answered on May 24, 2020
The issue of custody is always open for review. The issue is always what is in the best interest of the child.
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