Leading Lawyers

2020

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My spouse and I have decided to get divorced. We want to share joint custody of the children and have already divided our property. Do we need to hire a lawyer? You can file your uncontested divorce pro se, which means you represent yourselves. However, the rules of procedure are precise and you will be required to follow them exactly. Further, you may have issues that you haven't considered and that could cause problems later. It's always best to hire an attorney to make sure everything is done correctly and that you haven't unknowingly left anything out. My girlfriend and I weren't married when our child was born but my name is on the birth certificate. Now we have separated and she claims I have no legal rights to my daughter. I want to share joint custody, but she won't even let me have visitation. What should I do? If a child is born to an unwed mother, the father must establish legal paternity before he has any rights to child. This is true even if you are still in a relationship. A father's name on the Birth Certificate or an Acknowledgement of Paternity form is only evidence that he is the biological father. To establish legal paternity, you must file a Petition to Establish Paternity with the Court. Once the case is open, either party can request DNA testing, but it is not required if both parties agree that the Petitioner is the biological father of the child. Once the Court enters an Order of Paternity, the father will have all the rights of a parent, including custody, visitation and support. My sister has become addicted to illegal drugs and I'm concerned for the safety of her children. Should I report this to the Arkansas Hotline? Rather than your nieces and nephews going into foster care, you should consider getting a guardianship of the children. Then they would be placed in your care and custody until your sister has corrected her situation and can take care of the children. In order to be a guardian, you must be an adult and you cannot be a felon. If your sister will agree to the guardianship, the process is uncontested and will go quickly and smoothly. If you or no other relatives can be a guardian, then you should report any child neglect or abuse to the Arkansas Hotline at 1-800-482-5964. How can I adopt my stepchild? I've been married to her mother for three years and love her as if she were my own child. Her father has been absent from her life since before my marriage. If a parent has not had significant contact with his or her child in over a year, or has not provided support for the child in over a year, consent is not required to adopt the child. We would file a Petition for Adoption and then the parent must be served. If the parent files an objection within thirty days, a hearing would be held to determine whether consent is required under the law. If the parent does not file an objection and/or if the parent signs a consent to the adoption, you can adopt your step-child without going to court. Adoption provides the child with a sense of security regarding your parent-child relationship, and gives you all of the legal rights and responsibilities of a legal parent. over 30 YeArS CoMBINeD exPerIeNCe REASONABLE FEES • CARING REPRESENTATION DIVORCE • VISITATION • CUSTODY • WILLS • ADOPTION GUARDIANSHIP JUVENILE LAW • POWER OF ATTORNEY • PATERNITY • UNLAWFUL DETAINER CHILD SUPPORT • CHAP 7 BANKRUPTCY Gail T. Segers, Attorney gtsegers@gmail.com Betsy Finocchi, Attorney betsyfinocchi@gmail.com 26 E. Meadow Ste. 11 • Fayetteville AR 72701 • 479-973-9818

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