Legal Question in Family Law in Arkansas

Mutual Agreement to Custody of two Boys, ages: 7 and 1..

I am a non-married 45 year old man. My girlfriend of 10 years wants to give me custody of our sons, 7 and 1 yr old. They live in Topeka, Ks. I live, currently, in Little Rock, Ark. She is coming here so that we can take care of this business. I want total custody rights, and she agreed. I need to make this legal. I was awarded temporary custody of my oldest boy 2 years ago while we lived in Omaha, Nebraska. However, his mom took flight (to Topeka). I eventually, moved back to Chicago. The case later fizzed because we both were no longer in Omaha, or Nebraska. She wants to give him back to me now.

I need to make this permanent, and ironclad, so my son no longer is constantly being jerked back and forth. He misses his dad, and I him. I dodn't have any money, I need to quickly provide living quarters for two youngsters, which I will do. Buy them clothes, and everything. However, I cannot mentally afford them to be snatched again. So, I must take care of this as quickly as possible. I think she is getting very tired of them. I will never.

Is there any procedures I can go thru myself to ensure that my sons will always be with me, and I will have total jurisdiction over them. She has put them both thru some very ill-thought of situations. And, this concerns their safety.


Asked on 1/13/98, 8:06 pm

4 Answers from Attorneys

Gary Preble Preble Law Firm, P.S.

Pay me now or pay me later

Get a lawyer. It'll be the best money you've spent in a long time.

And with these situations, the alternative could cost you much more. Then you'll go to a lawyer and he'll say, "Why didn't you come to me in the beginning? It would have been much cheaper then."

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Answered on 1/21/98, 2:34 am
Mark Sullivan Mark R. Sullivan - Attorney at Law

Spend the money now

I agree with Mr. Preble. There is too much at stake for you not to do it right the first time. It will cost you dearly, emotionally, and monetarily, later if you do not get a good lawyer's assistance now.

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Answered on 1/21/98, 8:54 am
Jonathan Schiff Self employed

domestic relations--custody of a 1 and 7 year old

For a number of years I prosecuted child abuse cases in Juvenile Court for the local children's services board. Although not familiar with the law in the states you mentioned, I was struck by your use of the term "temporary custody". You indicated that you had temporary custody of one of the boys. You may, in fact, have "legal" custody of that child.

In Ohio any court award of custody to a parent, relative or other third party is always "temporary." What the term means is that the court is not terminating the rights of a non-custodial parent or any other party that may previously have had custody of the child (I am assuming that temporary was the term you meant and not "interim" which means something else).

The only circumstance where the court grants "permanent custody" is to an agency that plans to place the child for adoption. The term permanent then means that either parent or any other party that had custody previously is having any and all rights and responsibilities terminated, making them as a stranger to that child.

I seriously doubt (and again your state law could be worded differently) that you are going to be able to permanently divest the mother of all rights as a parent barring some unusual circumstances. But as I said, if these principles apply to your jurisdiction, you may still have custody of at least one of the children.

I also agree with the other two attorneys that you should probably spring for the money to talk to a local lawyer now who can more specifically address your questions and take any necessary action.

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Answered on 1/21/98, 11:31 am
Robert Friend Robert H. Friend, Attorney at Law

Custody of children

In NC (my state) there is probably no cheap answer to your question. However, some states may have simplified custody proceedings and/or custody agreements that don't require expensive court action. Go down to your local courthouse and ask about simplified custody procedures and see if they are available in your state. Ask at the Clerk of Court's office (or the equivalent). If not, you'll have to spend some money. I did one here (an undisputed custody case) for a total of less than $400 a couple of years ago. If she's agreeing to it, it's not much of a problem in my state.

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Answered on 1/21/98, 2:34 pm


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