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Arkansas Child Custody Questions & Answers
1 Answer | Asked in Child Custody, Estate Planning and Probate for Arkansas on
Q: I am a single parent of a 13 year old whom father has passed away. I'm in my late 50's and was wondering what kinda

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

Dustin A. Duke
Dustin A. Duke 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.

2 Answers | Asked in Adoption, Child Custody and Family Law for Arkansas on
Q: Father of my child wants to relinquish his parental rights. I am willing to accept sole responsibility, can I?

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... Read more »

James E Hensley Jr
James E Hensley Jr 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... Read more »

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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: who is a good attorney who will fight a CPS/ DHS case in AR

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... Read more »

John Butler
John Butler 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.

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: can I get emergency custody of my children if they don't have air conditioning at their dads?

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... Read more »

John Butler
John Butler 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... Read more »

1 Answer | Asked in Divorce, Family Law and Child Custody for Arkansas on
Q: There's not a cohabitation clause in my divorce/ custody order. Everything is final now. But could I get in trouble?

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.

Stewart Whaley
Stewart Whaley 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,...
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1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: What would my best option be between getting emancipated or a transfer of guardianship?

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... Read more »

Paul Dumas
Paul Dumas answered on May 26, 2020

Sounds like you should pursue emancipation.

1 Answer | Asked in Child Custody and Divorce for Arkansas on
Q: My ex wife and I remarried a yr after our divorce. She had full custody rights. Is that still in place or voided, null?
Don Spears
Don Spears 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.

1 Answer | Asked in Family Law, Adoption and Child Custody for Arkansas on
Q: My child is in DHS custody do I have the right to sign over my custody or let someone adopt him
James E Hensley Jr
James E Hensley Jr answered on May 14, 2020

Until the DHS case is closed it is doubtful any other action will be considered. I understand you want to get the child out of DHS involvement but filing such an action will not help you in the DHS case. Typically you will have an attorney appointed in the DHS case. If so, you probably don't... Read more »

2 Answers | Asked in Family Law and Child Custody for Arkansas on
Q: What do you do if my boyfriend, who I have never married, keeps threatening to take my children?

He constantly threatens me with saying he will take the two children and claims to have money for a lawyer when I mentioned taking him to court.

Dustin A. Duke
Dustin A. Duke answered on Nov 2, 2019

Under Arkansas law, the mother of children born outside of marriage automatically has legal custody of them. In order to obtain custody, a father would have to (1) establish paternity, (2) show that he has financially supported the children and maintained a relationship with them, and (3) show... Read more »

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1 Answer | Asked in Child Custody, Education Law and Family Law for Arkansas on
Q: Does a noncustodial parent where no court order of custody is present have the right to request school records?
Dustin A. Duke
Dustin A. Duke answered on Oct 22, 2019

The question is a little confusing, but I am assuming that since there is no court order and you refer to a non-custodial parent, that the parents were never married. In Arkansas, the mother of a child born outside of wedlock automatically has custody of him or her. The father has to establish... Read more »

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 A. Duke
Dustin A. 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... 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 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 A. Duke
Dustin A. 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 »

1 Answer | Asked in Child Custody for Arkansas on
Q: My kids live in ar and their dad filed for custody in ga. What can i do

I left because of domestic violence...we moved 6 months ago and he has a xhild support hearing tomorrow...he only filed cause i filed for support...

Dustin A. Duke
Dustin A. Duke answered on Sep 17, 2019

There are a few issues that you are facing with the Georgia lawsuit. The first is whether Georgia has jurisdiction to decide custody or does Arkansas now have jurisdiction. If there is a previous custody order out of Georgia or if your ex filed suit for custody in Georgia within six months from... 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... 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...
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1 Answer | Asked in Child Custody for Arkansas on
Q: I am custodial parent of my 6 yr old son . My question is I don’t want the father on the school pickup list .

Can I stop the school from letting this happen. We have not been to court yet for visitation what are my rights

Patrick R. Lee
Patrick R. Lee answered on Aug 22, 2019

Are you married to the child's father? The answer to your question depends on whether the man currently has any parental rights.

If you have a good reason for not wanting your child to be picked up by his father (for example, you have reason to believe he may be abusive or may...
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1 Answer | Asked in Divorce and Child Custody for Arkansas on
Q: My husband and i havent lived together in two months. Can we start seeing other people legally?

We have two kids together.

Don Spears
Don Spears answered on Aug 19, 2019

Your question is more of a moral instead of legal one. According to Arkansas law if you are still married you would be committing adultery which is grounds for divorce.

1 Answer | Asked in Child Custody for Arkansas on
Q: I have recently got sole custody of my son can I change his name with out the mothers permission?
Patrick R. Lee
Patrick R. Lee answered on Aug 19, 2019

You'll still need to notify her unless her parental rights were terminated. Unless you got "sole custody" through a DHS proceeding, her rights have probably not been terminated. Even if you did, it needs to state in the most recent custody order that her parental rights were... Read more »

1 Answer | Asked in Child Custody for Arkansas on
Q: How does next of kin work with a child when both parents die
Patrick R. Lee
Patrick R. Lee answered on Aug 16, 2019

If both a child's parents pass away, someone who is related to the child may petition a court to appoint the relative as the child's guardian. If you know someone in this situation, they may need to seek counsel from a lawyer about filing a guardianship petition in Arkansas, if... 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... Read more »

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