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Arkansas Family Law Questions & Answers
1 Answer | Asked in Family Law for Arkansas on
Q: Can primary custodian keep child away from other parent when they are grounded?
Joshua W. Bugeja Esq.
Joshua W. Bugeja Esq. answered on Jun 2, 2021

Generally speaking, visitation and child punishment are entirely separate issues (though they may seem related). One public policy consideration is that, as a society, we don't want parents effectively penalized due to a child's bad behavior and we don't want child punishment... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: I need to file for grandparents right my son passes away the mother is keeping my grandchildren away out of spit
Dustin A. Duke
Dustin A. Duke answered on May 21, 2021

Do the children live in Arkansas? If so, would you like to schedule a phone consultation?

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Can a mother deny father visitation if they were never married and there is no court agreement? Assq
Geoffrey D. Kearney
Geoffrey D. Kearney 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... Read more »

1 Answer | Asked in Family Law, Adoption, Appeals / Appellate Law and Child Custody for Arkansas on
Q: Can a termination of parental rights stand if there is insufficiency of process services?
Geoffrey D. Kearney
Geoffrey D. Kearney 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... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arkansas on
Q: how can a judge give all my rights away without a court date

got a complaint on paternity and judgement of paternity

Don Spears
Don Spears answered on Apr 14, 2021

Insufficient amount of information to formulate an answer.

2 Answers | Asked in Adoption and Family Law for Arkansas on
Q: Can my nieces soon to be step dad adopt her without her biological father’s permission?

My brother has a daughter that he hasn’t been allowed to see or do anything for in 4 months since November of 2020. His ex is willfully keeping him from his daughter and she has since sent him voice messages saying her fiancé has signed the birth certificate or paternity paper. Can he receive... Read more »

Stewart Whaley
Stewart Whaley answered on Mar 5, 2021

He contact attorneys to discuss filing an action to establish paternity.

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1 Answer | Asked in Criminal Law and Family Law for Arkansas on
Q: Does a father have legal rights to his child if the mother of child passes away?

Her parents wont let father see the child nor answer his calls je eas very much involved in the childs life.

James E Hensley Jr
James E Hensley Jr answered on Dec 27, 2020

Absolutely. In fact, the father is now the custodian. Depending on the facts and circumstances, he can get an order to pick up the child. Lots of issues here but dad may be in the controlling position. The grandparents will probably try to adopt the child or at least get guardianship. Dad needs to... Read more »

1 Answer | Asked in Family Law for Arkansas on
Q: Can the police make the father give the mother back her child if they were never married??

My sister dropped her baby off with his father (10 months old) and when she went to pick him up his father refused to give her son back. They were never married but his name is on the birth certificate. She called the police for help getting her son back and they said she would have to request... Read more »

John Butler
John Butler answered on Nov 19, 2020

Police will usually not get involved in custody disputes unless there is a clear court order. If you are still having trouble I would recommend contacting an attorney.

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: if my ex, who lives in Texas, has recently had her children(with her now husband) taken away because she and her 2yr old

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?

Josh A. Eason
Josh A. Eason 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... Read more »

1 Answer | Asked in Family Law and Child Custody for Arkansas on
Q: Does my 13 year old have to go to her dads if its court ordered and she doesn't wanna go?
Josh A. Eason
Josh A. Eason 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... Read more »

2 Answers | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for Arkansas on
Q: Can a Grandparent keep their grandchild from her mother without a court order?

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... Read more »

Josh A. Eason
Josh A. Eason 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... Read more »

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1 Answer | Asked in Family Law for Arkansas on
Q: Can you get a court appointed lawyer for a post divorce contempt hearing?
John Butler
John Butler answered on Aug 10, 2020

No but you can hire a private attorney or represent yourself for the contempt hearing.

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 Family Law for Arkansas on
Q: Can a guardian determine where an incapacitated person may live?
John Butler
John Butler answered on Jun 22, 2020

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 »

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 Consumer Law, Family Law, Personal Injury and Education Law for Arkansas on
Q: I've looked everywhere just to find if its legal or illegal to have a polyamous marriage in Arkansas?

2 woman and 1 man that love each other so much

Tim Akpinar
Tim Akpinar answered on May 22, 2020

Polygamy is generally regarded as a crime. This is something a criminal attorney would understand the significance of more so than attorneys in the categories chosen above.

Tim Akpinar

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 »

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