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 »
In most circumstances, the guardian makes that decision. If the guardian wants to move the ward out of the court's jurisdiction, the guardian will need approval from the court. A court may also limit what decisions a guardian has control over. If you have a question about a specific...Read more »
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 »
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 »
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.
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,...Read 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... Read more »
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 »
While your question is about adoption, in Arkansas you first have to address termination of parental rights, in this case the father’s. Under Arkansas law, besides death, there are only two ways a parent’s rights can be terminated. First, if they sign a written Consent that meets the...Read more »
If your son is autistic, you will likely need a guardianship (as opposed to a power of attorney). A guardianship is a court order giving someone authority to make decisions for someone else. It can be over someone's person, estate, or both. It is like having custody over a child, but can...Read more »
My fiance was just served with a summons regarding child support that was on a child that might not be his. I am just wondering if we can prove that he is not the father, can she still charge him with child support.
he needs to request a court-ordered paternity test performed as part of the child support action. If it excludes him from being the father, he will be fine. Of course, if it does not, he will be adjudicated the father and owe support.
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...Read more »
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.
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,...Read more »
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 »
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 »
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 »
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 »
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 »
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 »
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.
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