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Arkansas Family Law Questions & Answers
1 Answer | Asked in Family Law for Arkansas on
Q: Do co-guardians of a minor have to be married to each other?

I want to be a co guardian to my 15 yr old granddaughter along with her step father. I need to know if there is case study on this and if so, what.

Dustin A. Duke
Dustin A. Duke answered on Jan 23, 2020

In Arkansas, you can be co-guardians of a person's estate without being married. However, you cannot be co-guardian of the person unless you are married.

1 Answer | Asked in Family Law for Arkansas on
Q: Can I file a petition to change legal guardianship of my 17 year old to his grandparents. We are moving and he stay

He wants to stay with them to finish high school there. Is it process we can do ourselves through clerk or do we need to obtain a lawyer?

Dustin A. Duke
Dustin A. Duke answered on Jan 3, 2020

You probably can achieve what you need with a power of attorney, as opposed to a guardianship. A POA can give the grandparents authority to make decisions for your son, such as school and medical. It is simpler and cheaper than a guardianship and won't require court action. I have POA for minor... Read more »

1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: I am going through a divorce. MY spouse and I have had 3 sexual encounters but he tells me not to tell anyone, why?/

We have no "video" proof, but some texts where we have met or driving to meet eachother, texts as well saying he cant stop thinking of me since he saw me the night before...

Dustin A. Duke
Dustin A. Duke answered on Dec 12, 2019

One of the requirements for divorce is that you are separated from your spouse. Generally that means that you are no longer having a sexual relationship. If you all are still having sex, it could prevent you and your spouse from obtaining a divorce. Hope this helps.

1 Answer | Asked in Family Law for Arkansas on
Q: I have found more information about fathers rights but what about mothers rights? Who have legal custody of the child.
Dustin A. Duke
Dustin A. Duke answered on Dec 6, 2019

I am not sure exactly what you are asking. Is there something specific that you are wishing to decide regarding your child or something that you are wanting to preclude the child's father from doing? As a general rule, the custodial parent has decision making authority over the child, including... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: I am married out of Florida. I currently reside in Arkansas with My Step Son and my Children.

My husband is the father to my Step Son and 2 of my young children. He was currently incarcerated and then extradited on a separate warrant to Florida. I am looking to divorce him. His Mother (the grandmother) has a signed notarized letter of custody for my Step Son made a few years ago. His bio... Read more »

Stewart Whaley
Stewart Whaley answered on Nov 28, 2019

You need to consult an attorney. There are unanswered facts that will deteremine how you might proceed. If the notarized letter is not a court order, it does nothing. From the information provided, you are not a biological parent and do not have legal custody established. Grandmother has done... 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 Criminal Law, Libel & Slander, Family Law and Appeals / Appellate Law for Arkansas on
Q: I was forced to plead guilty to a felony but the person or victim now says they lied on me an would tell them what 2 do?

Felony on husband aggravated assault. We had both been drinking n he lied on me later on a court date I was n rehab due to court order from mis court n was issued a fta felony judge n lawyer said if I didn't plea guilty id set n county for 4 months waiting on a court date my rehab was over 100... Read more »

Gary Kollin
Gary Kollin answered on Oct 30, 2019

You have a lawyer to whom you should be speaking

1 Answer | Asked in Family Law for Arkansas on
Q: My daughter is 17 and her dad has custody and now she wants to come live with me What do we have to do where she can?

She live in Oklahoma and I live in arkansas

Dustin A. Duke
Dustin A. Duke answered on Oct 29, 2019

You would need to petition the court for change of custody. The petition would need to be filed in the county where the current court order is out of. Unless your ex agrees, you may not be able to change custody. In Arkansas, custody can only be changed (outside of agreement by the parties)... Read more »

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

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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