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Custody Violation Legal Steps
Summary
To address custody violations in Arkansas, document any breaches of the custody order, such as living with a prohibited individual. File a motion for contempt or request a custody modification. Collect evidence like photos from public spaces, witness statements, and social media posts. Hiring a private investigator can also help. For expunging a felony, ensure eligibility, obtain and complete the necessary forms, and file them with the court. Legal Aid of Arkansas can assist with both custody and expungement issues.Full Conversation
Amanda
Hi Amanda! How can I assist you with your legal issue today?
My son and his ex girlfriend had a baby in Arkansas. They were never married. They aren't together anymore. Paternity has already been established. They have joint custody, week on, week off. She has been in contempt before but the judge let it slide. We are concerned about her living with a guy that the papers say she shouldn't live with because of a past domestic violence issue. She is living with the guy and that's where her and the baby stay when it's her week. She lies and says that she isn't staying with him. What are our options? My son is much more stable than she is and the baby's safety is now in question, but it doesn't seem like anyone is taking it serious.
Hi Amanda, here are some steps your son can consider:
- **Document Violations:** Collect evidence showing that she is living with the person prohibited by the court order.
- **File for Contempt:** Your son can file a motion for contempt in court due to her violation of the custody order.
- **Modify Custody Order:** Given safety concerns, he can request a modification of the custody arrangement.
Would you like information on the nearest family court to proceed with this?
- **Document Violations:** Collect evidence showing that she is living with the person prohibited by the court order.
- **File for Contempt:** Your son can file a motion for contempt in court due to her violation of the custody order.
- **Modify Custody Order:** Given safety concerns, he can request a modification of the custody arrangement.
Would you like information on the nearest family court to proceed with this?
What do you mean?
Hi Amanda, I can provide details for the nearest family court to help you proceed with filing for contempt or modifying the custody order. Can you confirm your city or town in Arkansas?
It would be in Fort Smith Arkansas
Sebastian County Circuit Court
Phone: (*) *-*
Address: * South B Street, Fort Smith, AR *
Website: https://www.sebastiancountyar.gov/Judicial/Circuit-Court
Would you like more details on filing for contempt or modifying the custody order?
Does my son have to have an attorney to modify?
In Arkansas, your son is not required to have an attorney to request a modification of a custody order. However, having legal representation can be beneficial to navigate the legal process effectively.
Would you like more information on how to file for a modification without an attorney?
Would you like more information on how to file for a modification without an attorney?
sure. Also, is this something legal aid can help with?
Yes, Arkansas Legal Aid can assist with family law issues, including custody modifications.
To file for a modification without an attorney in Arkansas:
- **Fill Out the Forms:** Obtain the necessary forms from the court or online.
- **File with the Court:** Submit the completed forms to the court.
- **Serve the Other Party:** Ensure the other parent is served with the modification request.
- **Attend the Hearing:** Be prepared to present your case at the scheduled court hearing.
Phone: (*) *-*
Website: https://arlegalaid.org/
Would you like assistance with obtaining the forms or any additional information?
To file for a modification without an attorney in Arkansas:
- **Fill Out the Forms:** Obtain the necessary forms from the court or online.
- **File with the Court:** Submit the completed forms to the court.
- **Serve the Other Party:** Ensure the other parent is served with the modification request.
- **Attend the Hearing:** Be prepared to present your case at the scheduled court hearing.
Legal Aid of Arkansas
Phone: (*) *-*
Website: https://arlegalaid.org/
Would you like assistance with obtaining the forms or any additional information?
Would hiring a private investigator be worth our while?
Hiring a private investigator could be beneficial if you need to gather evidence of violations, such as her living with the prohibited individual. This evidence can support your case for contempt or custody modification. Would you like information on how to hire a private investigator or any other assistance?
What kind of evidence can we get?
Here are some types of evidence you can collect:
- **Photographs/Videos:** Show her living with the prohibited individual.
- **Witness Statements:** Neighbors or friends who can testify.
- **Social Media Posts:** Any posts that indicate her living situation.
- **Private Investigator Reports:** Detailed findings from a professional investigator.
Would you like guidance on hiring a private investigator?
- **Photographs/Videos:** Show her living with the prohibited individual.
- **Witness Statements:** Neighbors or friends who can testify.
- **Social Media Posts:** Any posts that indicate her living situation.
- **Private Investigator Reports:** Detailed findings from a professional investigator.
Would you like guidance on hiring a private investigator?
yes
To hire a private investigator in Arkansas, follow these steps:
*. **Research Reputable Investigators:** Look for licensed PIs with good reviews.
*. **Consultation:** Discuss your case and needs.
*. **Verify Credentials:** Ensure they are licensed and insured.
*. **Agreement:** Get a written agreement outlining services and costs.
Would you like recommendations for private investigators in the Fort Smith area?
*. **Research Reputable Investigators:** Look for licensed PIs with good reviews.
*. **Consultation:** Discuss your case and needs.
*. **Verify Credentials:** Ensure they are licensed and insured.
*. **Agreement:** Get a written agreement outlining services and costs.
Would you like recommendations for private investigators in the Fort Smith area?
If my son takes photos of them living together, are they able to use those in court? We've been told that he can get in trouble for doing that.
In Arkansas, your son can take photos from public spaces to document violations. However, he should avoid trespassing or invading privacy. Such photos can be used as evidence in court.
Would you like more information on the legal boundaries regarding evidence collection?
Would you like more information on the legal boundaries regarding evidence collection?
yes
Legal Boundaries for Evidence Collection in Arkansas:
- **Public Spaces:** Photos taken from public spaces (e.g., street, sidewalk) are generally permissible.
- **No Trespassing:** Avoid entering her property or any private space without permission.
- **Privacy Invasion:** Do not use surveillance devices that invade privacy, such as hidden cameras inside her home.
Would you like any further details on this matter?
- **Public Spaces:** Photos taken from public spaces (e.g., street, sidewalk) are generally permissible.
- **No Trespassing:** Avoid entering her property or any private space without permission.
- **Privacy Invasion:** Do not use surveillance devices that invade privacy, such as hidden cameras inside her home.
Would you like any further details on this matter?
I live in North Little Rock. I have a felony charge from about 10 years ago that I want expunged. The charge was in Fort Smith, AR. What are the steps I need to take, and how much money does that usually cost?
To expunge a felony in Arkansas, follow these steps:
- **Determine Eligibility:** Ensure the felony is eligible for expungement.
- **Obtain Forms:** Get the necessary expungement forms from the court.
- **File a Petition:** Submit the completed forms to the court where you were convicted.
- **Attend Hearing:** Be prepared to present your case in court.
Costs vary but typically include filing fees and possibly attorney fees if you choose to hire one.
Would you like information on the nearest court or details on the filing fees?
- **Determine Eligibility:** Ensure the felony is eligible for expungement.
- **Obtain Forms:** Get the necessary expungement forms from the court.
- **File a Petition:** Submit the completed forms to the court where you were convicted.
- **Attend Hearing:** Be prepared to present your case in court.
Costs vary but typically include filing fees and possibly attorney fees if you choose to hire one.
Would you like information on the nearest court or details on the filing fees?
How can I know if it is eligible for expungement?
To determine if your felony is eligible for expungement in Arkansas:
- **Non-Violent Felonies:** Generally eligible after 5 years of completing your sentence.
- **Completion of Sentence:** All terms of the sentence must be completed, including probation.
- **No New Charges:** You must not have any new felony charges pending.
Would you like assistance with obtaining the expungement forms or more details on eligibility?
- **Non-Violent Felonies:** Generally eligible after 5 years of completing your sentence.
- **Completion of Sentence:** All terms of the sentence must be completed, including probation.
- **No New Charges:** You must not have any new felony charges pending.
Would you like assistance with obtaining the expungement forms or more details on eligibility?
yes please
To obtain expungement forms and verify eligibility in Arkansas, follow these steps:
*. **Visit the Court:** Go to the Sebastian County Circuit Court or its website to get the forms.
*. **Consult Legal Aid:** Contact Legal Aid of Arkansas for assistance.
*. **Complete Forms:** Fill out the expungement petition.
Would you like help with completing the forms or any other details?
*. **Visit the Court:** Go to the Sebastian County Circuit Court or its website to get the forms.
*. **Consult Legal Aid:** Contact Legal Aid of Arkansas for assistance.
*. **Complete Forms:** Fill out the expungement petition.
~Sebastian County Circuit Court
Phone: (*) *-*
Address: * South B Street, Fort Smith, AR *
Website: [Sebastian County Circuit Court](https://www.sebastiancountyar.gov/Judicial/Circuit-Court)
Phone: (*) *-*
Address: * South B Street, Fort Smith, AR *
Website: [Sebastian County Circuit Court](https://www.sebastiancountyar.gov/Judicial/Circuit-Court)
Would you like help with completing the forms or any other details?
sure
To complete the expungement forms, follow these steps:
*. **Download Forms:** Obtain them from the Sebastian County Circuit Court website or visit the court.
*. **Fill Out Forms:** Provide all required information accurately.
*. **Submit Forms:** File them with the court and pay any associated fees.
Would you like guidance on filling out specific sections of the forms?
*. **Download Forms:** Obtain them from the Sebastian County Circuit Court website or visit the court.
*. **Fill Out Forms:** Provide all required information accurately.
*. **Submit Forms:** File them with the court and pay any associated fees.
Would you like guidance on filling out specific sections of the forms?
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