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Trial Lawyer
Trial Lawyer, Lawyer
Category: Family Law
Satisfied Customers: 26
Experience:  Has practiced law for more than 10 years
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How do I make sure my ex doesn't take our kids out of

Customer Question

How do I make sure my ex doesn't take our kids out of the state?
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. My name is***** am going to assist you with your question.

Expert:  MIAMILAW1127 replied 1 year ago.

Were the two of you ever married?

Customer: replied 1 year ago.
no this is for my daughter
Expert:  MIAMILAW1127 replied 1 year ago.

Was she married to him? Did they get divorced? Is there a custody or timesharing plan?

Customer: replied 1 year ago.
she was married for 6 years and lived in another state. on 8/2015 FBI arrested him for child porn. I brought both kids and her to Alabama. She got served with divorce papers and his mom wants his rights for visitation, That SOB I hope he rots in there signed for her to have rights to see her grandson. What is rights of grandparents in Arkansas? we don't like the visits but if we have to we want it here in Alabama. He is to young to travel and I don't trust them because of her home life.
Expert:  MIAMILAW1127 replied 1 year ago.

I'm going to opt out and allow another expert to take if from here. I apologize for not being able to assist you further.

Expert:  Trial Lawyer replied 1 year ago.

Arkansas statutes dealing with grandparent visitation. are relatively long and detailed. Grandparents may request visitation rights if the parents' marital relationship has been severed by death, divorce, or legal separation. In addition, visitation may be requested if the child is in the custody or under the guardianship of a person other than a natural or adoptive parent, or if the child is illegitimate.

In the case of an illegitimate child, a paternal grandparent may request visitation only if paternity has been established in court.

As in all of the United States, the court must decide that a visitation order would be in thebest interest and welfare of the child. If aparent or guardian has denied visitation as not being in the best interest of the child, the grandparent seeking visitation must rebut that presumption.

The grandparent must document a "significant and viable" relationship with the child. Such a relationship is presumed to have existed if the child resided with the grandparent for six or more months, the grandparent was the caregiver for six or more months or the grandparent had "frequent or regular" contact with the child for twelve or more months.

In order to show that visitation is in the child's best interest, the grandparent must demonstrate all three of the following: an ability to give the child "love, affection and guidance"; the harm to the child that would result if visitation is denied; and a willingness to cooperate with the parent or other person having custody. Obviously, the hardest requirement for grandparents to meet is the requirement to show harm if contact is denied.

Expert:  Trial Lawyer replied 1 year ago.

You should be aware of the UCCJEA which is an interstate compact. Arkansas will continue to be the home state of the children in governing the relationship. In some cases however their, if their father is convicted of possessing child porn and there is a reasonable likelihood that he is unable to have any meaningful relationship with the children because he is in prison, then it is likely that he will have very little bearing on the proceedings

Customer: replied 1 year ago.
he is in jail under 1 million dollar bond for molesting my 8 year granddaughter and putting on the internet. He has federal charges and state charges. I don't want my grandkids around that person nor any of his relatives.
Customer: replied 1 year ago.
should we get lawyer in Arkansas the same county where she lives to answer the paperwork? it states if no response divorce will be finalized in 30 days with all her conditions in place?
Expert:  Trial Lawyer replied 1 year ago.

I apologize for the delay and I'm terribly sorry to hear about these terrible circumstances. I highly recommend hiring a lawyer in both jurisdictions. This is up to each lawyer in each jurisdiction, but I think an effort should be made to move the proceedings to Alabama. This will not be easy, I do not recommend a newly minted lawyer for this type of work. Insist on a board certified, marital attorney for each state. In order to stay budget minded, I would attempt to speak with someone in each jurisdiction and for a relationship so that they are ready to go when you need them. I wish you the very best of luck.

Erick