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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Though your question really concentrates on getting a lawyer, there are several other things you may want to consider doing as soon as possible. First, you can help work for the “best interests” of your kids, by being sure the kids are getting the support they need for food and school. This idea of working for the “best interests” is a legal rule in Arkansas, and it’s what a court will ask continually. Here’s a case explaining what that means…and Arkansas courts have the right to appoint a gaudian ad litem under § 9-13-106(b) (Repl.2002) Ark.Code Ann. The case is here : http://caselaw.findlaw.com/ar-supreme-court/1380298.html.
You also have important rights as a parent, and we’ll talk about being sure you are working to protect those rights, too. First, though, since almost every action you need to take will require some legal skills, let’s look at some affordable legal options, based on your Ex wife being a past client of legal aid.
Affordable Legal Options
You were probably screened for your legal aid request, and turned down based on the Ex wife having asked for help in the custody or divorce. I’m assuming the Ex wife is the person who would be on the other side in this custody fight? But if the Ex wife is not the person who had been a legal aid client, then you can explain you are not opposing her interests. She can even give written consent to allow representation. But let’s stay with the idea she is the parent who has used legal aid and opposes your complaints now: fortunately, there are other low-cost legal opinions in Arkansas.
Keep in mind, the more evidence you have, and the more organized this material is, the more likely it is that a lawyer can volunteer to help you. This will include having existing court orders and lists of witnesses, too.
Let’s look at the alternatives to Arkansas legal aid…
- Arkansas Bar Association Pro Bono
Lawyers are expected to donate some amount of time each year without costs, which is called “pro bono” service. http://www.arkbar.com/pages/pro_bono _representation.aspx. So there are other free legal aid services in Arkansas, besides legal aid.
- Arkansas law Schools
Depending on where you live, it may be practical to go to the law school clinics. These clinics are supervised by highly qualified faculty. Here’s a sample, at UofA… http://www.facebook.com/pages/University-of-Arkansas-School-of-Law-Legal-Clinic/111113342278525.
There’s also Pro Se, which means self-representing your parental rights and the welfare of your children. We’ll talk a little about what forms you may need to get and file in a section below, if this is an emergency. Finally, there is a chance you might be able to volunteer with a lawyer. You might be able to work out a barter arrangement.
Prior Court Involvement?
At some point, there was probably a court involved, in reviewing where the kids should live. Clearly, if you have an existing court order on child custody, that’s the place to start. Carefully go over the court’s finding, and in brief detail, be able to state what was correct and what has changed…based on what you can prove. Keep in mind, what the kids are credible in being able to say may be crucial.
Changes In Children’s Well-Being?
As mentioned, the legal test is “what’s in the best interests of the child (ren)?” Courts do not always get it right, for a variety of reasons. But what I’m emphasizing here is whether the court has already looked into the concerns you are raising right now?
Arkansas has several reasons that justify a change in a child custody arrangement. Without knowing exactly what facts or changes have occurred in your children’s case, there are several common conditions: ranging from a new boyfriend (who has harmed your kids or has some dangerous traits).
Is this an emergency?
Arkansas family courts also recognize that parents with financial problems should not risk their children because of difficulty in finances. So if you need to get a hearing immediately, and lack the present ability to pay for a lawyer, there is a process to get an emergency hearing…in this case, a judge is going to be most concerned with the facts of the danger. Go to your county clerk and ask what and how to file these forms.
So if this is an emergency, here is where you can go on the web and get the forms to ask for an emergency hearing: https://courts.arkansas.gov/forms-and-publications/court-forms/domestic-relations-division. Especially, look to file the Ex Parte order for protection if you can prove how it applies.
Though your question really concentrates on getting a lawyer, there are several other things you may want to consider doing as soon as possible. First, you can help work for the “best interests” of your kids, by being sure the kids are getting the support they need for food and school. This idea of working for the “best interests” is a legal rule in Arkansas, and it’s what a court will ask continually. Here’s a case explaining what that means…and Arkansas courts have the right to appoint a gaudian ad litem under § 9-13-106(b) (Repl.2002) Ark.Code Ann. The case is here : http://caselaw.findlaw.com/ar-supreme-court/1380298.html.
You also have important rights as a parent, and we’ll talk about being sure you are working to protect those rights, too. First, though, since almost every action you need to take will require some legal skills, let’s look at some affordable legal options, based on your Ex wife being a past client of legal aid.
Affordable Legal Options
You were probably screened for your legal aid request, and turned down based on the Ex wife having asked for help in the custody or divorce. I’m assuming the Ex wife is the person who would be on the other side in this custody fight? But if the Ex wife is not the person who had been a legal aid client, then you can explain you are not opposing her interests. She can even give written consent to allow representation. But let’s stay with the idea she is the parent who has used legal aid and opposes your complaints now: fortunately, there are other low-cost legal opinions in Arkansas.
Keep in mind, the more evidence you have, and the more organized this material is, the more likely it is that a lawyer can volunteer to help you. This will include having existing court orders and lists of witnesses, too.
Let’s look at the alternatives to Arkansas legal aid…
Lawyers are expected to donate some amount of time each year without costs, which is called “pro bono” service. http://www.arkbar.com/pages/pro_bono _representation.aspx. So there are other free legal aid services in Arkansas, besides legal aid.
Depending on where you live, it may be practical to go to the law school clinics. These clinics are supervised by highly qualified faculty. Here’s a sample, at UofA… http://www.facebook.com/pages/University-of-Arkansas-School-of-Law-Legal-Clinic/111113342278525.
There’s also Pro Se, which means self-representing your parental rights and the welfare of your children. We’ll talk a little about what forms you may need to get and file in a section below, if this is an emergency. Finally, there is a chance you might be able to volunteer with a lawyer. You might be able to work out a barter arrangement.
Prior Court Involvement?
At some point, there was probably a court involved, in reviewing where the kids should live. Clearly, if you have an existing court order on child custody, that’s the place to start. Carefully go over the court’s finding, and in brief detail, be able to state what was correct and what has changed…based on what you can prove. Keep in mind, what the kids are credible in being able to say may be crucial.
Changes In Children’s Well-Being?
As mentioned, the legal test is “what’s in the best interests of the child (ren)?” Courts do not always get it right, for a variety of reasons. But what I’m emphasizing here is whether the court has already looked into the concerns you are raising right now?
Arkansas has several reasons that justify a change in a child custody arrangement. Without knowing exactly what facts or changes have occurred in your children’s case, there are several common conditions: ranging from a new boyfriend (who has harmed your kids or has some dangerous traits).
Is this an emergency?
Arkansas family courts also recognize that parents with financial problems should not risk their children because of difficulty in finances. So if you need to get a hearing immediately, and lack the present ability to pay for a lawyer, there is a process to get an emergency hearing…in this case, a judge is going to be most concerned with the facts of the danger. Go to your county clerk and ask what and how to file these forms.
So if this is an emergency, here is where you can go on the web and get the forms to ask for an emergency hearing: https://courts.arkansas.gov/forms-and-publications/court-forms/domestic-relations-division. Especially, look to file the Ex Parte order for protection if you can prove how it applies.