Arkansas Child Custody Legal Questions

If there is a court order granting joint custody your mother would be in contempt of court for refusing visitation with your father. If you want to live with your father he can motion the court for a modification of custody, the court would take your preference into consideration as one of the factors in changing custody. Being emancipated is not an option unless you can show the court you have a way of supporting yourself as an adult and a place to live.... Read Answer

If you and the child's father were never married you already have sole custody. Unwed fathers must file a petition for paternity in court to assert their rights, if this has not been done then his rights to visitation will be limited to what you agree to. It is unfortunate he does not want to be in his daughter's life, the day will come when he will likely regret that decision.... Read Answer

An unwed father has limited parental rights until he asserts his full rights in a court of law. An unwed father should file a Petition for Paternity and Visitation to assert his paternity and for the court to order visitation that can be enforced. If the child was born in another state and still resides there the paternity action will need to be initiated there, if the child is now in Arkansas it can be filed here.... Read Answer

Your husband is in contempt of court and obstructing court ordered visitation and is a misdemeanor criminal offense but rises to a felony if the offending parent takes the child out of the state. I would file a contempt motion in the court and if you cannot serve him because you do not know his whereabouts you can serve him by a Warning Order filed in the Court, once that is accomplished you can get a hearing and the court can issue a warrant that will go out to law enforcement. Since your son has special needs I would imagine your ex-husband gets SSI on his behalf, you might be able to trace him through Social Security or through Arkansas DHS as his case might have been transferred to another state.... Read Answer

In Arkansas an unmarried mother is deemed to have sole custody of the child(ren). In order for the children's father to have custody or even visitation rights he would need to petition the court for paternity and visitation and then receive an Order from the Court for visitation or any other other parental rights he might wish to obtain. Being on the birth certificate does not give parental rights but it will be enough for Child Support Enforcement to seek support on your behalf. At this point you already have sole legal custody. If you are being denied passports you might want to petition the court for an Order allowing you to do so.... Read Answer

A letter is not sufficient to give custody. Were the children born during a marriage or out of wedlock? If born during a marriage are you divorced, if not you have every right to get the children. If out of wedlock, was a paternity action ever filed resulting in a paternity order acknowledging you as the biological father? If not, you need to file such an action.... Read Answer

A parent that takes a child out of the state with the intention of keeping them from the other parent could subject themselves to the risk of losing custody. If you leave and your husband files for divorce here a court could grant him custody and compel you to return. Under the UCCJEA (Uniform Child Custody Enforcement Act) the state in which a child resided six months prior to the cause of action has jurisdiction over the child. I would retain an attorney here then file for divorce and custody also seeking permission to relocate to your home state citing family ties etc.... Read Answer

You can draft an agreed order changing custody of your son and have it signed by the judge in the court that still retains jurisdiction over your case and then have it filed. Keep in mind that even though you change custody you will need to notify the Office of Child Support enforcement of the change and submit evidence that child support should be stopped.... Read Answer