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Barrister
Barrister, Lawyer
Category: Family Law
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Experience:  Attorney with 14 years experience
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I live in Arkansas and my cousin who also lives here is divorcing

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I live in Arkansas and my cousin who also
lives here is divorcing her husband, but she just found out she's pregnant. She already has 2 of his children and the 2nd one was just born in Oct 2012. He hasn't had any contact, communication or provided support for their 2 children & he has 4 other children and he already owes an insurmountable amount of back child support for them as well as the two my cousin has now. I know this is back-woods Podunk drama but she is now considering aborting instead of adoption because he refuses to sign for adoption. I want to know what her legal rights are in regards XXXXX XXXXX reporting him for back child support and c if he'll have to come up with the money owed or serve jail time. If that's possible, how strict is AR about arresting for this type of offense. Also, is there anyway she can go through the legal adoption system and put her baby up for adoption as soon as she delivers without his consent? I know he's the father but does he still have the same rights if he isn't providing support?
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Ok, so she is pregnant again with his 3rd child but they aren't together? Is that correct?
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How is it that he has no contact with the other 2 children, but has enough contact with the mother so that she is now expecting again?
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How long has he been gone from the home?
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Did mother request temporary child support as part of the divorce action?
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Does he have orders against him for support for the other 4 children?
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What would you guess that he owes in back support?
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Thanks
Barrister
Customer: replied 1 year ago.

They are not together. He lives in NW AR and came in town for the holidays & she agreed to spend time with him and this is when she got pregnant. They were both living in NW AR when she left him because he won't keep a job long enough to help care for the children & he was hooked on meth and alcohol. She got sick if it and moved to Benton, AR, to be closer to her dad and he promised to help her. She just found out she's pregnant again & she can't take care of the children she has now & he won't give consent for her to put the baby up for adoption because of spite. Idk about the temporary order for her child support but he's not helping her at all & won't help w this baby so she feels like her only option is abortion. I do know he is ordered to pay child support for his other children and he owes several thousand dollars in back child support. My cousin said AR isn't strict enough about putting a non-custodial parent in jail for owing thousands in child support. I don't understand how he has the right to refuse to consent for adoption when he's not providing support or seeing any of his children. I really want to save this baby who could be a blessing to ppl that can't bear children.
Expert:  Barrister replied 1 year ago.
Ok, if she doesn't have an order against him for the support of her two children, then she wouldn't have any grounds to file anything against him for not supporting the other 4 from someone else. She could notify the division of child support enforcement where he was and if he has orders for those children, if he is over $10,000 in arrears, they may decide to file felony non-support charges against him. Typically if the amount is under $10K, it is hard to get the prosecutors to pay attention to it.
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Also, is there anyway she can go through the legal adoption system and put her baby up for adoption as soon as she delivers without his consent? I know he's the father but does he still have the same rights if he isn't providing support?
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No, she couldn't put the child up for adoption unless she said she didn't know who the father was. Then if he found out, he could challenge the adoption and have it reversed because even thought he is not living up to his obligations as a father, he still has legal rights to the child once they are born. His rights don't depend on whether he is paying or not, unfortunately.
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But if the mother doesn't have a support order in place for the other two children, she definitely needs to contact child support to get their help with getting one in place.
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Thanks.

Barrister

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Barrister, Lawyer
Category: Family Law
Satisfied Customers: 24582
Experience: Attorney with 14 years experience
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