why do i need an attorney to petition for child custody in arkansas

by Prof. Camron Bins DVM 9 min read

Child custody can be complicated, but parents being unmarried tends to further complicate matters. A knowledgeable and qualified child custody lawyer can help you make sense of the process. They will also inform you of your rights and represent you in court if needed.

Full Answer

What are the custody laws in Arkansas?

However, if you have children and property, especially a home or retirement, then you will want to at least speak with an attorney and likely have an attorney look over paperwork. Divorces with these issues can become complex and you will want to make sure language is included in your decree to protect your interests and rights now and moving forward.

How to file a petition for child custody?

from your custody and placed in the temporary custody of the Arkansas Department of Human Services (DHS). This means that, for the time being, DHS is legally responsible for your child and, with the approval of the Juvenile Judge, can decide where your child should live and what you need to do to have your child returned to you. If your child ...

How do you file a petition for custody?

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How to petition the court for custody?

An experienced child custody lawyer will also be able to explain how the legal guardianship process works and what your duties are if you are appointed a child’s legal guardian. Also, if there is a dispute concerning your legal guardianship or rights, your lawyer will be able to represent your interests in court during any related court hearings.

How do I file a petition for custody in Arkansas?

To file for custody, you will need to draft (write) paperwork asking the court for custody. You will then need to file (turn in) that paperwork to the court, along with money to pay a filing fee. The filing fee may vary by county.Feb 14, 2022

What is the new child custody law in Arkansas?

ACT 604 is the new joint custody law in Arkansas, which tells the judge — joint custody must be ordered in every new family law case unless there is “clear and convincing” evidence that it is not in the best interests of the child. Clear and convincing is a very high standard.May 18, 2021

Is Arkansas a mother's state?

In Arkansas, aren't mothers automatically given custody of the children? That is not the case at all. Although the laws regarding unmarried parents seem to favor the mother in custody disputes, (before the father has established paternity and that he is a fit parent), married parents stand on equal ground.

What is considered an unfit parent in Arkansas?

While there is no specific definition under Arkansas law, an unfit parent is one who has failed to have regular contact with a children for a prolonged time without justifiable cause or has failed to contribute to their support for a prolonged time without justifiable cause.

Does Arkansas favor joint custody?

Arkansas courts typically favor joint custody, or physical and legal custody shared between both parents. However, sole custody is sometimes awarded when there are extenuating circumstances. That does not mean that one parent is completely excluded from the child(ren)'s life, except for in extreme circumstances.

What is a FINS petition in Arkansas?

FINS stands for Family In Need of Services. A FINS petition is a lawsuit filed by a family member or other concerned person against a juvenile asking the court for help. The purpose of the FINS is to offer court assistance to the juvenile and the family.

What rights does a father have in Arkansas?

Father's Rights in Arkansas. Any parent of a child has a right to seek Arkansas custody and/or visitation, and this right is the same for both the child's father and mother. All parents, regardless of gender, have the right to a relationship with their child, and this right is enforced by state laws.

Can a dad get full custody in Arkansas?

A judge can order parents to share legal custody (decision-making power on child's behalf) and/or physical custody (parent with whom child resides) or one parent may have sole legal and physical custody. Arkansas law prefers to give parents joint physical custody.

Is Arkansas A 50/50 custody State?

Understanding Joint Custody In Arkansas Joint custody has not historically been favored in Arkansas, but it has grown in popularity in recent years. Joint custody is a true 50-50 custody agreement in which the child spends half of his or her time with each parent.

What is an unstable parent?

An unfit parent is one who is incapable of providing a nurturing, safe, and appropriate environment for their child when that inability puts the child at serious risk of harm.

How do you win a custody battle with a narcissist?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•Mar 16, 2021

What is malicious mother syndrome?

"Malicious parent syndrome" is when one parent seeks to punish the other parent by talking poorly about them and/or doing things to place the parent in a bad light, particularly in the eyes of their children.Aug 17, 2020

What are the grounds for divorce in Arkansas?

Arkansas is a fault state for divorce. This means whoever files for divorce must show that he/she has grounds or reasons to get a divorce from the...

What is a divorce going to cost me in Arkansas? Can I afford it?

The cost of a divorce can vary. Much of the cost depends on the other side — how much he/she is wanting to contest the divorce and how reasonable a...

Do I really need to hire an Arkansas divorce attorney?

If you and your spouse do not have any property (no land, houses, personal property of any real value, no retirement) or children, then you may be...

Does Arkansas grant divorces based on marital fault?

Yes, in Arkansas in order to get a divorce, you will have to prove to the court that your spouse did something to you. The only way to get a divorc...

Can I get maintenance or will I have to provide maintenance to my spouse?

When determining spousal support in Arkansas, the primary factor the courts will look at is whether one person can afford to pay spousal support to...

Does it matter who files for divorce first in Arkansas?

No, it doesn’t matter who files for divorce first in Arkansas. Both parties will have the opportunity to deny claims and state their own requests....

Is Arkansas a 50/50 divorce state?

It depends. Arkansas is an “equitable distribution” state in regards to property division during a divorce. Property can be divided privately betwe...

Can I change my name at the time of divorce?

If you want to change your name, you will need to make this request in your Complaint for Divorce, which is the document that tells the court you w...

When can I file for divorce in Arkansas?

In order to file for a divorce in Arkansas, you must be a resident of Arkansas for at least 60 days before you file your Complaint for Divorce. You...

Who Can Be A Legal Guardian?

A legal guardian can be anyone over the age of majority (18-21 depending on the state) who is capable of taking care of the child’s needs, includin...

How Can I Establish Legal Guardianship of A Child?

You can establish legal guardianship of a child by filing a petition stating your interest in obtaining guardianship along with a filing fee. Once...

What Are The Differences Between Legal Guardianship and Child Custody?

While child custody provides rights and responsibilities to the parent of the child, a legal guardianship provides similar rights to someone that i...

What Are The Differences Between Legal Guardianship and An Adoption?

Both guardianship and adoption create legal relationships between a child and an adult that give the adult certain rights and obligations regarding...

What If A Parent Already Has Custody of The Child?

If a parent has legal custody of a child, a court usually will not intervene and appoint a legal guardian. It is the practice of courts not to inte...

How Does Guardianship End?

There are several ways that legal guardianship can end: 1. The child dies 2. The child reaches the age of 18 3. A judge decides that the guardiansh...

Do I Need A Lawyer For Legal Guardianship Issues?

The laws governing legal guardianship can often be complex, especially if child custody issues are also involved. If you have any legal concerns in...