Arkansas Recent Legal Answers from Lawyers

I think you have a rather strong chance of changing custody with you as primary as well as other safeguards if you can demonstrate that there is a real threat of your ex-husband leaving the Country with your children. You must show that there has been a change of circumstances since the COurt Ordered joint custody and that a change in custody will serve the  best interests of your children. ... Read More

I am not aware of any required forms or guidelines that are used in connection with a supervisor of child visitation in Yell County or Statewide. Typically, the Court will approve an individual to supervise visitation that the Court believes will protect the best intersests of the child. This would include, in my opinion, a supervisor reporting to the Court any conduct by a visiting parent that is contrary to the Court's Orders.... Read More

If charges have been filed it is not likely that those will be just dismissed. The issue is now in the hands of the State. However, the State's witness has recanted so obviously it will be difficult for the State to prove it's case. On the other hand, it is understandable that the State is very cautious about dimissing domestic abuse and related cases because of the high rate of serious offenses, including homicides, that occur in that environment. Plus, the domestic abuse watchdog organizations keep an eye on those cases.  You should submit a copy of the affidavit to the prosecutor as soon as possible. Depnding on that person the case may be dismissed.... Read More

It appears that you have grounds. You need to hire a lawyer to get a divorce. There is no "qiuk" (sic) divorce in Arkansas really. You have to be a resident for a period of time prior to filing. Then, you have a 30 day waiting period after filing before a divorce can be granted. There are some other practical things, i.e., court dockets, time to serve the father, etc., that may delay a divorce from becoming final.... Read More

I do not think that you must reveal the father's name. However, there is some caselaw in Arkansas that suggests that a biological father can have his child's birth certificate reflect the father's surname. If you wish to seek support of the father, you would likely be better off revealing his name to the hospital or put his name on the putative father registry.... Read More

I will assume by the words in your summary that you are a US citizen. If so and your husband entered the country legally and has no bars to immigration such as crimes or fraud, you and he could file papers to U.S.C.I.S. to adjust his status to permanent residence. The basic forms are form I-130 petition for alien relative which would be signed by you, and form I-485 application to adjust status to permanent residence which would be signed by your husband. A complete list of the required forms and documents and where to send them to is on the U.S.C.I.S. website at uscis.gov. If your husband entered the US illegally and does not have the benefit of section 245(i) which allows most undocumented immigrants to adjust status upon the payment of a fine amount of $1000 if they had a labor certification or immigrant visa petition filed by April 30, 2001 and were physically present in the US on December 21, 2000, you could explore the Administration's I-601A program under which you would file the I-130 petition, and upon its approval, your husband would file for an I-601A waiver of his illegal time in the US. The standard for the I-601A waiver is whether a denial would cause extreme hardship to you. If the waiver is granted, your husband could then arrange for an immigrant visa interview in his home country, which would in all likelihood be normal. When approved for the immigrant visa, he would normally be back in the US within 1-2 months. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Just because your fiancé has a passport, ID, and ITIN does not mean that he has the right to work. The business owner that you know may run afoul of the immigration laws on illegal employment if he hires your fiancé if your fiancé is not authorized to work. You may wish to have your fiancé meet with an immigration lawyer to go over whatever options that he has pertaining to his ability to obtain work authorization or any other immigration benefits in the US. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More

Is the sponsored alien required to come in and provide sworn testimony in order to be examined? Or is it you, the petitioner that is being required to come in to the consulate? Your question is not clear. Either way, it appears that more information documentation and background is required of both of you at the consulate.... Read More

The question ids likely whether your mother had the capacity to convey the real property at the time the deed was signed. Was she coerced? Was ther fraud in the inducement t sign? Did she have the mental capacity to understnd what she was doing? These are a matter for a Court or jury to decide. As for personal property, it does not follow that a conveyance of real property includes personalty in a structure/house located on the property unless this is specifically provided for in a conveyance.... Read More

Any response to what I think someone or organization will do under the circumstances you describe would  be purly speculative and of no real value to you.  I will say law enforcement, at every level, take the sex offense registration requirements very seriously. My experience is that they usually pursue and failures to register.... Read More

Certain records are subjectt to be expunged while others are not. In addition, certain expungement statues provide that the expungement can be used only once, i.e., the first offenders expungement.  To be clear, what was once referred to as expungement is now actually a sealing of one's record which means the record is sealed as to the general public, it may still be reviewed by cetain law enfrcement agencies for certain purposes. Finally, you should be aware that sealing a felony conviction does not, in my opinion, reinstate your 2nd Amendment right to carry a weapon. The process requires filing a petition with notice to appropriate parties and a court appearance.... Read More

If your mother has no disabilities, e.g. fraud, misrepresentation, criminal acts, or prior deportations, and if she is overseas, you can file an I-130 petition for her, and she would be consular processed at the American Consulate or Embassy in her home country. If she is here in the US and entered the country legally, you would file the I-130 petition and she would simultaneously file the I-485 application for adjustment of status. If she has none of the above conditions that would prevent her from immigrating, U.S.C.I.S. would likely approve the application. If she entered the country illegally and has been here for over one year, it would become a more difficult situation for her to get the green card. In such case, you may certainly wish to have your mother obtain a consultation with an immigration lawyer.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read More