QUESTION

How do I get legal custody of my daughters without going to court?

Asked on Mar 20th, 2012 on Child Custody - Arkansas
More details to this question:
How would I get sole custody of my two children age 1 and age 3 without having to go to court? I've raised them their whole life and I've never been married to their father. He signed one birth certificate but not the other. I'm trying to get passports for them but I have to prove that I have sole custody. Can I do that without going to court?
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2 ANSWERS

Divorce Attorney serving Little Rock, AR at Law Office of Kathryn L. Hudson
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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.
Answered on Mar 21st, 2012 at 1:58 PM

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Child Custody Attorney serving Malvern, AR at Law Office of Gregory Crain
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In Arkansas the unmarried mother of children has sole custody. If the father has not been adjudicated the father in a court of law, (i.e. child support court) then the mother has sole custody. That being said, for the purposes of a passport you will probably need to get a guardianship or custody from court. The reason being to stop parents from fleeing the country with minor children. So the answer is probably not, unless the issuers of passports will accept Arkansas law.
Answered on Mar 21st, 2012 at 1:23 PM

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