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Arkansas Family Law Questions & Answers
2 Answers | Asked in Divorce, Domestic Violence, Family Law and Landlord - Tenant for Arkansas on
Q: How to legally compel husband to leave home in non-contested divorce?

I am filing for a non-contested divorce from my husband due to financial deceit and emotional abuse. I discovered he does not own the property he claimed and he refuses to contribute to living expenses. He has also become emotionally abusive, and despite owning the house in my name for 7 years... View More

Richard Lane Hughes
Richard Lane Hughes
answered on Mar 14, 2025

You need to file your divorce complaint or proceeding and seek the assistance of the court. That is, as long as he is not being abusive or threatening. The police are very reluctant to get involved in domestic matters unless and until there is clear proof of abuse, usually physical, by one of the... View More

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1 Answer | Asked in Criminal Law, Family Law, Real Estate Law and Civil Rights for Arkansas on
Q: Stop the sale of land

My deceased uncle did not have a will, so the family land—which has been in our family for over 60 years—went to his next of kin, his grandson, because his son is also deceased. However, since his grandson is a minor, the mother of his deceased son has started selling off the land without the... View More

Anthony M. Avery
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answered on Feb 20, 2025

If there is a will, has it been filed for probate? If not then Decedent's heirs own his land. If the Will is filed for Probate, and designates devisees and/or residuary beneficiaries, then they get the land through the Will.

Wills mean nothing without probate. Since you...
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1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: How do I make sure my daughters father can’t just come after my daughter when it’s convenient?

My daughters father has blocked me on everything and sent numerous messages stating he wants nothing to do with her and even wrote it out on a piece of paper. I want to make sure he can’t just come take her when it’s convenient to him.

Aaron Bundy
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answered on Dec 25, 2024

The answer will depend on other factors, including whether there is an existing court order that grants him visitation rights or not. If there is an existing court order, you may need to seek modification of that order. Otherwise, he may be able to exercise his rights under that order even if he... View More

2 Answers | Asked in Family Law and Child Support for Arkansas on
Q: Are you allowed to say i heard or I believe when bringing allegations against someone in an exparte order in Arkansas

I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.

Aaron Bundy
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answered on Dec 25, 2024

If you try to quote someone else by saying what you heard, you may be prohibited from repeating what you heard due to the Hearsay rule. There are ways around Hearsay, but you will generally need a lawyer to help you avoid the Hearsay problem. If there is an eyewitness who made a statement to you... View More

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2 Answers | Asked in Family Law and Child Support for Arkansas on
Q: Are you allowed to say i heard or I believe when bringing allegations against someone in an exparte order in Arkansas

I didn't get served i was ordered to take baby to my po and everything stated in order is a lie that can be proven on my side.

Danya Bundy
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answered on Dec 25, 2024

If you have proof that the allegations are untrue, you should have the proof ready at the hearing in an admissible format. Merely saying "I heard" or "I believe" may lead to the information being excluded. If there are eyewitnesses for your case, they may need to be subpoenaed... View More

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1 Answer | Asked in Divorce and Family Law for Arkansas on
Q: How do I file for temporary maintenance in a divorce
Gregg Austin Knutson
Gregg Austin Knutson
answered on Sep 28, 2024

If a case has already been filed, the party requesting temporary maintenance has to schedule a temporary hearing and serve notice of the temporary hearing upon the opposing party. Both parties are also required to exchange an Affidavit of Financial Means prior to the hearing. In preparing the... View More

1 Answer | Asked in Family Law for Arkansas on
Q: Can the adult ward of guardianship in Arkansas file a petition for termination of guardianship?

Boyfriend was hit by a truck n has an appointed guardian in Arkansas n he wants guardianship terminated as he hasn't seen a penny of the settlement n is currently living in a hotel in Illinois.

James L. Arrasmith
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answered on Apr 6, 2024

In Arkansas, an adult ward under guardianship can file a petition to terminate the guardianship if they believe they no longer require a guardian. The process typically involves the following steps:

1. The ward must file a petition with the court that established the guardianship,...
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1 Answer | Asked in Family Law for Arkansas on
Q: I removed my name from my child's birth certificate with a recission of paternity form. I wish to have it placed back.

I have court admissible DNA test results. And I and the mother both agree she is my child. What form do I need to turn in to the courts to open a case in which I establish paternity and can have my name put on the birth certificate

T. Augustus Claus
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answered on Feb 13, 2024

In Arkansas, to have your name placed back on your child's birth certificate after a rescission of paternity, you will need to establish paternity through the court. This typically involves filing a petition for the establishment of paternity in the appropriate family court. Since both you and... View More

1 Answer | Asked in Family Law and Real Estate Law for Arkansas on
Q: My mom passed recently. The deed to her property has my grandmother then my mother's name and her heirs. My grandmother

Added her in 2016. Now my grandmother wants me to sign some paperwork back to her.

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property includes your mother's name "and her heirs," it suggests that upon your mother's passing, her share in the property would legally pass to her heirs, which likely includes you. Before signing any paperwork to transfer your interest in the property back... View More

1 Answer | Asked in Estate Planning, Family Law, Civil Rights and Probate for Arkansas on
Q: How do I get my grandmother's will probated after 2 years because my family will not do it

There are a lot of details and it's because of the corruption in the town and my family members

James L. Arrasmith
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answered on Jan 14, 2024

To initiate the probate process for your grandmother's will after a delay, you can file a petition with the probate court in the county where your grandmother resided at the time of her passing. This action can be taken even if other family members are reluctant or refuse to do so.

In...
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1 Answer | Asked in Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can Public School deny my request with a court order in place on my children

In my divorce papers this states that I have first option before my ex-wife can find a care provider such as a babysitter daycare or a third party to watch the children. Which she must ask me first if I refuse then she may use outside sources. This falls under the claws in our divorce papers the... View More

James L. Arrasmith
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answered on Jan 13, 2024

In cases where there is a court order in place specifying the terms of custody and parenting time, including a "first to refuse" clause, the school should typically adhere to the terms outlined in the court order. However, schools may have their own policies and procedures, so it's... View More

1 Answer | Asked in Family Law for Arkansas on
Q: My niece lives with her mother in Oklahoma and is miserable, mother is emotionally abusive. My niece is wanting to move

To Arkansas to live with my wife and I and our children but won't be 18 until mid July. What can be done?

T. Augustus Claus
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answered on Jan 12, 2024

To address the situation where your niece wishes to move from Oklahoma to Arkansas due to alleged emotional abuse by her mother, it's essential to navigate the legal aspects carefully. Given that your niece won't turn 18 until mid-July, she is still a minor, and custody laws will likely... View More

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: In the state of Arkansas, may a step dad adopt without the fathers consent if the father was never married to the mother

Also the biological father has not had anything to do with the children in 2 years.. financial or physical contact

T. Augustus Claus
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answered on Jan 11, 2024

In Arkansas, the ability of a stepfather to adopt a child without the biological father's consent can be influenced by several factors. Typically, if the biological father has not maintained contact or provided financial support for the children for a specified period, the court may be more... View More

1 Answer | Asked in Child Custody and Family Law for Arkansas on
Q: I have custody of my 7 year old and her father has not seen or even tried to see her in 2 years. What can I do to get hi

We are divorced

James L. Arrasmith
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answered on Dec 31, 2023

In Arkansas, if the father of your child has not been involved for two years, you have several options, depending on what you wish to achieve. If your goal is to encourage the father to be more involved in your child's life, you might consider reaching out to him directly or through a mediator... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Arkansas on
Q: My husband's 2nd domestic within 5 years can he sit my stuff outside and move a woman in OP filed.

I filed an order of protection and pressed charges for him slapping me and slamming the door shut on me when I tried to go in to get my things but he has a woman living there who threatened to beat me up. Everything I own is in there how likely is it that the order of protection will be signed by a... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 18, 2023

The Court can give you a temporary order of protection if s/he finds that:

You are in immediate and present danger of domestic abuse; or

That the respondent (the abuser) is scheduled to be released from prison within 30 days, and there will be an immediate and present danger of...
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1 Answer | Asked in Family Law, Civil Litigation, Constitutional Law and Probate for Arkansas on
Q: I have a question about my property being released to estranged family, while my truck impounded.

A wealthy family that did not live local had grandsons care for their father. The grandfather gave my husband guns and jewelry that he said his daughters were not getting it this time because they stole all their mothers belongings when he remarried soon after her death. The items in question were... View More

James L. Arrasmith
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answered on Dec 4, 2023

In your situation, where property from an impounded vehicle was released to an executor and then allegedly distributed in violation of a court order, there are a few legal avenues you could explore. First, it's important to review the judge's order regarding the release of property. If... View More

1 Answer | Asked in Child Support and Family Law for Arkansas on
Q: Does child support end at 18 if my daughter fails to graduate from virtual school?

I live in Arkansas and have a court order to pay child support for my daughter, who lives in North Carolina. My decree states that child support continues until she is 18 or graduates from high school. My daughter, turning 18 at the end of May, was removed from public school due to attendance... View More

James L. Arrasmith
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answered on Apr 13, 2025

In Arkansas, child support generally ends when the child turns 18 or graduates from high school, whichever comes first. However, if your daughter is still enrolled in high school, even through virtual schooling, your obligation to pay child support may continue until she graduates. The key factor... View More

1 Answer | Asked in Child Custody, Child Support, Family Law and Domestic Violence for Arkansas on
Q: How can I prove visitation is not in my child's best interest due to father's offender status and troubling behavior?

My 3-month-old child's father is a registered s*x offender (level 2) with a moderate risk of reoffending due to a 4th-degree assault. He has only visited twice, including at the hospital when our baby was born, and has never provided financial support. As a result, I had to seek assistance... View More

James L. Arrasmith
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answered on Apr 13, 2025

To prove that visitation is not in your child's best interest, you should focus on gathering specific evidence of his behavior and how it impacts your child. The court will prioritize the well-being and safety of your child, so it's essential to document any concerning actions during the... View More

1 Answer | Asked in Adoption and Family Law for Arkansas on
Q: What is the process for stepchild adoption in Arkansas with no father on birth certificates?

I am planning to adopt my stepchildren, aged 8 and 2, in Arkansas. There is no father listed on their birth certificates, and I am married to the birth mother. We have not started any legal proceedings yet, and there are no objections from any family members. What is the process for stepchild... View More

James L. Arrasmith
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answered on Apr 13, 2025

The process for stepchild adoption in Arkansas is relatively straightforward when there is no father listed on the birth certificates, but it does require some legal steps. First, you will need to file a petition for adoption in the local court, typically in the county where you and your... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Arkansas on
Q: Seeking full custody and changes to visitation due to ex-wife's unstable situation in Arkansas.

I currently have joint legal custody with my ex-wife, who has visitation every other weekend. She has not been involved in our child's schooling or medical care and hasn't been consistent with visitation for the past year. Additionally, she has not adhered to the court order to pay half... View More

James L. Arrasmith
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answered on Apr 13, 2025

If you are concerned about your ex-wife’s ability to provide a stable and safe environment for your child, you do have the option to request a modification of custody and visitation. Courts prioritize the best interests of the child, and your ex-wife’s lack of involvement in important aspects... View More

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