QUESTION
Can I be ordered from my daughter before court?
Asked on Aug 19th, 2022 on Family Law - Arkansas
More details to this question:
I have full custody of my daughter and my ex abandoned us 8 months but recently she’s been going to spend weekends with. Out of no where he moved, blocked my phone, put out daughter in a new preschool that wasn’t the one he told me. I called the police to his work because that’s the only address I had and he informed me the school and the school was informed I was picking her up. My ex got there first and since the administrator knows his new girlfriend she helped get an order of protection and now I’m told I can’t have contact with my daughter until court in September 14. How can I have full custody, never been in trouble and he managed to accomplish this? God bless any help or advice I can get!
1 ANSWER
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If you are still married, just separated for a long time, you both have equal rights of custody. If you are divorced and have a Court Order awarding you primary custody of your daughter, I do not understand how the school allowed him to enroll her.
If there has been a petition for order of protection and an order of protection has been entered restraining you from having contact with your daughter, you must obey that order until the matter is taken up in Court. Disobeying an Order of Protection may result in your arrest.
If there has never been a court order entered establishing custody, you and the father are now likely to be looking at joint custody as that is now the legal preference in Arkansas. Unless you can prove by clear and convincing evidence that joint custody is not in your daughter's best interests, the Court will award joint custody.
Answered on Aug 29th, 2022 at 10:01 AM