Arkansas Child Custody Legal Questions

The first thing to make sure that you are on the birth certificate of the child and named as the father. The most prudent thing for you to do is hire an attorney to deal with the situation. If you cannot afford an attorney go down to the courthouse in the jurisdiction where your ex would be seeking adoption of your child and make sure that the court is aware that you are the father of the child. You should also draft a motion to deny the adoption of your son by your ex is new husband. As long as you're not in jail or a serious danger to the child well-being, there's not really much danger of you losing up your parental rights to your child in adoption. If the court does allow the new husband to adopt her child, that will sever all rights you have as a parent, including visitation. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147 http://massachusettslawyeronline.com/   #child, #support, #custody, #divorce, #lawyer, #attorney, #separation, #family, #probate  ... Read More

I would highly recommend that you seek legal counsel to facilitate a court-ordered custodial arrangement that would provide for a specific visitation schedule. Proceeding without a court order leaves room for ambiguity and misunderstanding. In Arkansas, if you were never married to the mother of your child, you will need to initiate a paternity action to establish your legal rights as a father. Such an action would result in a court order providing for a specific custody arrangement along with child support and visitation.... Read More

I am not aware of any situation in which a relative can have "half custody" of a child, however there are a couple of things you can do. One is to call the authorities (DHS) and ask them to investigate the circumstances of the child. Be aware, however, that DHS might remove the child and not place him with you, and even if they did, they have a legal obligation to work with the mother to get the child returned to her care. Another option would be to petition for guardianship in probate court. This might be the better way to go if you want to keep the state out of it. Also it is much faster. The fact that she cheated on your brother and hasn't ever had a job would not be factors a court would be likely to consider, but the drug use/sales and mental health issues are obviously quite concerning and could be the basis for a court to grant you custody.... Read More