Legal Question in Family Law in Arkansas

No divorce decree and visitation rights

Please Help! After being divorced In November of 1997, I still have no divorce papers and a divorce decree has not been filled. I talked to my lawyer and he blames it on my ex-wife's lawyer and there is no end. Finally spoke to judge's office and they said it would take 10 days to get it entered. My problem is my ex wife insisits that the children do NOT have to go with me and won't let them leave the house. I have been threatned to be put in jail (which has not happened) but my children get to hear all of this. This friday I have to pick up my children and her last words to me were I will never see my children again. Can a police officer escort me to pick them up and what legal action can I take if she is not to be found at the time visitation is to begin??


Asked on 4/22/98, 4:52 pm

2 Answers from Attorneys

Henry J. Legere, Jr. Law Office of Henry J. Legere, Jr.

Visitating Rights

You are entitled to have visitation with your minor children. Even though you do not have a final judgment of divorce which outlines your visitation rights, you most probably have had a temporary or interim visitation order which was in place during the divorce action. If you don't have a copy of it ask your attorney. You may ask an officer to accompany you so as to protect yourself from false allegations from your ex. If your ex does not comply with the visitation order you or your attorney may show cause her in court. The Judge may order her to jail or even change custody or may only threaten her with future sanctions if she doesn't allow you visitation. Good luck.

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Answered on 5/12/98, 4:21 pm
Donald Gillespie Attorney at Law

Divorce/visitation

General reply; state law may affect actual resolution.Question does not indicate whether any court orderaffecting custody exists. If no custody order existsand if it is not addressed in divorce decreeeach party has equal right to custody. Neither partyhas any presumption of being more appropriate custodial spouse. Law would not enforce any visitation or refusal to allow visitation. Without knowing terms of prior order cannot tell whether she has any right to keep them or wether the LEO (law enforcement officer) will get involved.If no order exists, consider ex parte emergency orderalleging that she may flee jurisdiction of the court. You may get temporary custodyduring pendency of action. DG in NC

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Answered on 5/13/98, 5:58 am


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