Legal Question in Family Law in Arkansas
noncustodial father takes son from stepfather after custodial mother dies
She died of cancer at age 28, leaving her two sons with
her husband of 7 years (their stepfather), and younger
son. She wanted him to raise them. The day of their
appointment with the (free) Hospice lawyer to sign
papers giving the stepfather custody was the day she
died. After the Sunday funeral, her oldest (9 yr old) boy's
birth father took the boy to live with him. He never paid
child support and seldom visited the boy when he was
supposed to. (He also had a felony record.) He won't
allow the stepfather to see him and won't answer calls
or reply to phone messages.The boy didn't want to go
back with his birth father. He wants to live with the
stepfather and his brothers he grew up with. The
stepfather can't afford a lawyer. Did the birth father have
the right to take the boy after his mother died? Can he
deny the boy's stepfather and brothers and other family
members from seeing the boy? Can the stepfather get
custody of the boy? Can he get the back child support
from the birth father? Where can he get free or low cost
legal help?
1 Answer from Attorneys
Re: noncustodial father takes son from stepfather after custodial mother dies
There are several organizations in AR that offer free or low cost legal services for those that qualify. I believe that AR Legal Services is the name of one. Call the AR Bar Assn. in Little Rock or go to their website (arkbar.com) to help find others.
Your question actually creates more questions that an attorney will need to ask. Did the stepfather ever adopt the children? What type of paper was he going to sign on the day of wife's passing that you mentioned in your question? He does need to talk to a lawyer to see what can be done.
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