Divorce & Estate Planning

Now that your divorce is officially behind you, it's time to shift focus and consider how it affects your estate plan here in Arkansas.

Changes to your Will

The divorce decree automatically cancels any parts of your Will mentioning your ex-spouse. So, if your Will says your house goes to your ex, that part is wiped clean without you having to do anything extra. Don't worry, the rest of your Will still stands. But especially if it doesn't mention someone else to inherit or manage things, it is a good idea to update it. See Ark. Code Ann. 28-25-109.

Adjusting Power of Attorney

If your existing Power of Attorney designates your ex-spouse as your Agent, filing for divorce automatically revokes this designation in Arkansas, even before the divorce is finalized. Some Power of Attorney forms may, however, include provisions allowing your ex-spouse to continue as your acting Agent post-divorce, so careful review is necessary. Ensure your estate plan includes successors capable of stepping in during your incapacity. See Ark. Code Ann. 28-68-110.

After the Divorce – What's Next

Once the dust settles, take a close look at your estate plan. Confirm that you've picked alternate people who can step in if needed, both for decision-making and inheriting stuff. If tweaks are needed in your Will or other documents, talk to your lawyer to make sure it's all sorted. And if you've got questions, don't hesitate to reach out — because in estate planning, peace of mind is key.

Navigating Custody Schedules: A Visual Guide

Are you a visual learner? If so, we've got just the resource for you! With our clients in mind, we've created carefully designed color-coded and user-friendly custody schedules. These schedules provide a visual representation of what your potential custody arrangement could look like.

Dive into the 2024 Joint Custody Visual Guide, featuring three possible schedules: Week-On, Week-Off; the 2-5-5-2 Schedule, and the 2-2-3 Schedule. Each schedule comes with its own set of advantages and disadvantages. Generally, we recommend the 2-2-3 schedule for infants and young toddlers, suggesting a transition to the 2-5-5-2 schedule and eventually to week-on, week-off as children grow. Every child is unique, but these illustrations offer a clearer understanding of how different schedules function.

The schedule also outlines the standard holiday schedules for both Washington and Benton Counties. While you're free to create your holiday schedule, these are the guidelines recommended by our judges in case an agreement cannot be reached with the other party.

On another note, explore the 2024 Standard Visitation Visual Guide, covering the standard weekend and midweek visitation schedules for both Washington and Benton County, alongside the usual holiday and summer schedules. You can always customize a schedule that fits your family, but these standardized schedules serve as a helpful guide or backup in case you do not agree.

If mediation services interest you, reach out to our office to schedule a session with Leslie. For any custody-related assistance, a call to our office will connect you with one of our knowledgeable and experienced attorneys who are ready to assist you.

What is a Beneficiary Deed?

At Leslie Copeland Law & Mediation, we provide a comprehensive range of estate planning services to ensure your assets are safeguarded and your loved ones are protected. Establishing a basic estate plan is essential for every adult, and our expertise goes beyond that to offer more intricate planning options. At the very least, we recommend having Powers of Attorney and a Will in place.

When it comes to your real estate, you may wonder about the most effective way to transfer ownership and safeguard your home from potential risks such as nursing home expenses or legal issues. One powerful solution we advocate for is the use of a beneficiary deed.

But what exactly is a beneficiary deed? It's a deed that takes effect upon the death of the owner(s). The beneficiaries do not have an ownership interest in the property until the death of the owner.

The advantages for your family members are substantial. A beneficiary deed helps them sidestep the typical tax implications associated with property transfers, such as the capital gains tax, potentially saving them tens of thousands of dollar. By becoming owners at the current value of the property, they receive the full benefit of your generous gift.

Not only does a beneficiary deed benefit your family, but it also shields you and your home from various risks. Unlike traditional transfers that could expose your home to potential seizure in cases of bankruptcy or personal injury lawsuits involving family members, a beneficiary deed keeps your home secure until your passing.

Furthermore, this strategy offers protection against nursing home-related financial liabilities. With a beneficiary deed in place, your loved ones assume ownership of the home upon your passing, and they are not held responsible for any state-paid Medicaid expenses. Thanks to recent legislation like Act 570 of 2021, amending Arkansas Code § 18-12-608(a)(1)(B), your home is transferred free and clear of any such obligations.

Secure your future, protect your home, and provide for your loved ones by consulting with the knowledgeable estate planning attorneys at Leslie Copeland Law & Mediation. We are here to guide you through the process and ensure your peace of mind.

A Restraining Order?!

If you’ve been served with court paperwork, you may have also been served with a Standing Order, sometimes called a Standing Restraining Order. Don’t fret! These orders are standard operating procedure in most jurisdictions and are required in domestic relations cases in Washington County and Benton County, Arkansas.

What does a standing order do?

A standing order is intended to keep the “status quo” in place until your case can be heard by the judge, or an agreement can be reached. It provides some important protections when you file for divorce or custody. For example, it prevents the parties from threatening or harassing each other. It also prevents them from selling or disposing of marital property or canceling insurance. Importantly, it prevents the parties from taking the children and moving out of state while the action is pending.

What do I need to do?

You need to read the Standing Order carefully and make sure you understand it. Be sure to ask your attorney any questions that you have before taking any questionable action. You can find copies of the Washington County Standing Order and Benton County Standing Order by clicking on the links or visiting our Resources page.

It is important to read over your Standing Order carefully because the orders differ from county to county. For example, the Washington County order states that you may not remove a child from the state without permission, while the Benton County order gives more leeway for short out-of-state vacation trips. Additionally, Benton County includes a provision about the cancellation of cell phones, utilities, and other necessities while Washington County does not.

What is the ordinary course of business?

Both orders say that you should only make financial decisions “in the ordinary course of business.” This means that you may pay any regular bills and meet your basic financial obligations, but you should not go out and make large purchases, wastefully spend your money, or sell any marital property while the case is pending.

If you have been served with court paperwork, contact one of our experienced attorneys today to make sure that you and your family are protected.

Note: If you have been served by an Order of Protection, that’s something entirely different. Please refer to this blog post for more information.

Traveling with a Child? passports and parental consent

So exciting! You are taking your child out of the country, maybe for the first time, but you hit a roadblock. How do you get a passport for a child and how involved does the other parent have to be? Let’s find out!

Scenario #1: You are the mother of the child. There is no father listed on the child’s birth certificate. No person has ever been found to be the father of the child in a court proceeding.

You may obtain a passport without the consent of the other parent or a court order.

Scenario #2: You are the mother or father of a child, and both parents’ names are listed on the birth certificate. There is no court order of custody because you have never been to court before.

You must obtain the other parents’ consent. The parent filing for the passport must also file a signed and notarized consent form signed by the other parent.

However, you have the option of obtaining a court order for “sole custody” and may obtain the passport without the other parent’s consent if 1) you are the mother of the child, 2) you were unmarried at the time of the child’s birth, and 3) the father has never legally established paternity through a court case. If you meet these criteria, we can help you obtain the court order for sole custody.

Scenario #3: You are the mother or father of a child, and you have been to court before. You either have primary custody or joint custody of the child, and the other parent will not sign off on the travel.

You must obtain the other parents’ consent. The parent filing for the passport must also file a signed and notarized consent form signed by the other parent.

However, if the other parent is wrongfully withholding their consent, then we can help you get a court order directing the other parent to sign. We will need to know your travel plans and the reason for the passport.

Scenario #4: The other parent is deceased.

If the child’s other parent has passed away, then you will need to show the passport office a certified copy of the deceased parent’s death certificate.

Do you have a scenario that is not addressed here?

Please call us! We love a challenge. We can advise you in any family law situation. Give us a call today and see how we can help.

"We Want Prenup!": Why You Need a Premarital Agreement

Probably the most famous song about prenups is Kanye West’s Gold Digger featuring Jamie Foxx. But it’s not just rappers, or even wealthy people, that can benefit from having a premarital or prenuptial agreement.

If you think you don’t have a premarital agreement with your spouse, think again. Basically, the State of Arkansas provides one for you by delineating what happens to your property in the event of death or divorce. And you probably won’t like it.

We advise all of our clients to consider a premarital agreement prior to marriage. In order to have a valid agreement, both parties need to make a fair and reasonable financial disclosure of all of their assets and liabilities. This is important information to have prior to entering into the marital contract. Discussing a premarital agreement can also bring other important issues to the table, such as how much each spouse will be financially contributing to the marriage, as well as what they can expect in the event that the relationship does not stand the test of time, or what will happen when one spouse passes away.

We always advise clients to also do some basic, or more complex, estate planning to make sure that all of their wishes are effectuated.

The Arkansas Premarital Agreement Act, codified in Arkansas Code § 9-11-401 et seq, governs prenups in our state. It allows you to contract with your soon-to-be spouse regarding issues like real estate, mortgages, bank accounts, card credits, business interests, divorce, death, and spousal support. It does not allow you to contract issues like custody, visitation, or child support.

The Act also provides that a premarital agreement is not enforceable if 1) it was not executed voluntarily, 2) if there was not a fair and reasonable financial disclosure, or 3) if the agreement was unconscionable. For example, a waiver of alimony is unconscionable if it would leave one of the spouses destitute and reliant on public assistance.

Although not required by statute, it is best and necessary practice for both parties to have their own attorney review the agreement with them prior to signing.

Premarital agreements are especially advised when there is an inequity between the spouses’ assets, when one or both the spouses have been married and divorced before, when one of the spouses seeks to protect business interests or inheritance, or when one or both the spouses have children from a previous marriage.

Do not trust a bot on the internet to handle these issues for you. There is too much at stake, and bots often miss requirements that are specific to our state. Also, do not wait until right before the wedding day to contact an attorney. Your attorney will need time to create and execute the agreement.

The attorneys at Leslie Copeland Law & Mediation are highly skilled in crafting secure and enforceable premarital agreements. We will make sure that your wishes are honored, and that all t’s are crossed and i’s are dotted. Give us a call today to schedule a consultation.

Joint Custody in Arkansas

Custody laws in Arkansas have evolved over time. A recent change involves the joint custody presumption. In this post, we will answer some commonly asked questions about it. If you’d like advice for your particular situation, then schedule a call with one of our attorneys today.

What is joint custody?

Joint custody is a custodial arrangement where both parents spend equal time with the child and have equal power in making legal decisions. In 2021, the Arkansas legislature passed ACT 604 making joint custody the favored custody arrangement in all new cases involving child custody. This means that the court will start your case with the presumption that joint custody is in your child's best interest. Note that this presumption is not retroactive and will only apply to cases started after the law was enacted.

What does a joint custody schedule look like?

Parents sharing joint custody most often rotate children on a weekly basis in order to minimize the number of transitions that a child has to make during any given week. However, there are certainly other custody arrangements that can be used to ensure that each parent has equal time with the child. For example, families with younger children sometimes split the week in half and alternate weekends using the 5-2-2-5 method where one parent has everyday Monday and Tuesday, the other parent has every Wednesday and Thursday, and then the parties rotate the weekends. Other families choose to have the children spend the weekdays at one parent’s home but spend every weekend with the other parent. Parents should work together to find a schedule that works best for their family.

What if joint custody doesn’t work for our family?

Joint custody can be beneficial for many reasons, the most important being that the child spends meaningful time with both parents and because both parents have equal parenting responsibilities. However, each family is different and there is no one size fits all solution to every custody case. A court’s presumption that joint custody is in the best interest of the child is rebuttable. It can be overcome by a showing of clear and convincing evidence that joint custody would not be in the best interest of the child. Factors that a judge would consider when making such a decision include factors like the inability to co-parent, domestic violence, parental alienation, substance abuse, mental health concerns, or child abuse. If custody is contested, then the judge is likely to appoint an attorney ad litem to investigate the case.

Does joint custody mean there is no child support?

It depends. Child support is calculated by taking into account both parents’ incomes and determining what percentage of the total income available for support each parent is responsible for. In a true joint custody situation, parents typically are equally splitting the children’s costs. However, if one party’s income is higher than the other’s, the higher-earning parent may have to pay some child support to the lower-earning parent. Calculating child support involves many different factors and is best done with the assistance of your attorney.

The attorneys at Leslie Copeland Law have a wealth of experience navigating custody issues and have a proven track record in difficult cases. Give us a call today and see how we can help!

What To Expect During Your Consultation

Thank you for scheduling a consultation with Leslie Copeland Law & Mediation! You can read more about our attorneys under the Info tab above. 

If you’ve never met with an attorney before, you may be nervous or unsure of what to expect. Don’t worry. We will take good care of you and your case. 

You can do a few things to make your consultation run smoothly. First, be sure to fill out the intake paperwork that has been emailed to you. Second, please email us any paperwork for your case that you may want us to see. Third, make a list of thoughts and questions so that you can make the most of your time with the attorney. 

During your consultation, the attorney will 1) get all the information they need to assess your case for you, 2) walk you through the process, and 3) explain the different options that are available and how much they cost. The attorney will take notes about your case, the advice they give you, and the game plan for your case.

Please do not have anyone else present during the consultation unless necessary. If necessary, please let our office know beforehand. 

When you’re ready to begin, just let us know and we will email you an electronic payment request for your retainer. We accept all forms of payment but prefer eCheck with routing and account number if possible. You will also receive a retainer agreement to sign electronically, and welcome policies for our office. 

When you schedule a consultation with the attorneys at Leslie Copeland Law & Mediation, you and your case are in good hands. We look forward to speaking with you soon!

Orders of Protection in Arkansas

An Order of Protection is an important legal tool to protect victims of domestic violence. However, it can have severe consequences for the accused. If you have an Order of Protection hearing, then you need legal representation. Here are some answers to commonly asked questions. However, this is not legal advice for your particular situation. For legal advice, call us to schedule a consultation so that we can review your case and make sure you’re protected!

What is an Order of Protection?

An Order of Protection is a court order that prohibits contact between a victim of domestic violence (the petitioner) and their alleged abuser (the respondent). The petitioner is eligible for an Order of Protection if the respondent is a family or household member, and if the petitioner can state facts to show that the respondent is a credible threat to their (or their child’s) physical safety.

How do I get an Order of Protection?

Go to your local courthouse or prosecutor’s office. They will help you fill out an affidavit to determine whether you meet the criteria for an Order of Protection. The petition and affidavit will be sent to a judge to decide whether to sign a temporary Order of Protection. You should be specific about your allegations with dates, times, and details, and be able to back up your allegations in court with evidence if possible.

What happens after a temporary Order of Protection is issued?

First, a hearing will be set, and then the paperwork will be served on the respondent. At the hearing, the judge will listen to all off the evidence and decide whether to grant a final order of protection, which could last anywhere from 90 days to 10 years.

What do I do if I am served with an Order of Protection?

If you are served with an Order of Protection, it is imperative that you seek legal counsel as soon as possible before your hearing. Orders of Protection can have negative consequences on any pending or future litigation in family court, your right to own firearms, and can even impact your job or housing.

Are Orders of Protection permanent?

Not necessarily. Orders of Protection can be modified, such as to allow for visitation with children. However, any modification will be at the judge’s discretion if they believe that it is in the best interests of the child.

What are the consequences of a violation?

A violation of an Order of Protection is a Class A misdemeanor with a maximum penalty of one-year imprisonment and a fine of up to $1,000 or both. A second violation within five years is a Class D felony. If you are the petitioner and you are contacted by the respondent, then you should report the violation to law enforcement by filing a police report. If you are a respondent and you are contacted by the petitioner, then do not respond unless or until the Order of Protection is dismissed.

What can I do to prepare for court?

First, talk to an attorney as soon as possible. You should be prepared to show your attorney evidence such as text messages, pictures, social media posts, etc. You should also have a list of possible witnesses for your attorney to interview. Give your attorney as much information as possible to work with.

Attorney's Fees in Arkansas Family Law Cases

What are attorney’s fees? And who pays for them? 

Despite the funny image above, attorney’s fees are NOT about winners and losers and often have nothing to do with the outcome of the case.

Each party is typically responsible for their own attorney’s fees. However, the judge has the discretion to order one side to pay a portion (or all) of the other side’s fees. 

In what situations would a court order attorney’s fees? 

The most common situation where the judge would order attorney’s fees is when a party does not do what they are supposed to do. This would include a contempt case, where a party willingly disobeys a court order. A contempt case can also carry more serious consequences, such as jail time. 

This could also include a motion to compel where the other party did not answer discovery like they were supposed to, either by not turning over information that was requested, or by not answering by the deadline. 

The judge can also award attorney’s fees if a case was not filed or litigated in good faith, meaning that it should not have been filed or pursued in the first place. 

Also, if one of the parties acted so badly or testified so falsely that the judge wants to punish them for their behavior, then the judge can award fees in that situation too. 

Lastly, in a divorce case where a spouse has depended on the other party for support during the marriage, the judge can award attorney’s fees similar to alimony.

How much would the attorney’s fees be? 

The judge has wide latitude and discretion in ordering the amount of attorney’s fees to be paid. An award can start as little at $150 for a minor infraction and go up to $5,000 or more for a major infraction. 

How common are attorney’s fees? 

Attorney’s fees are not commonly awarded. You should expect to pay your own attorney’s fees. You should also be on your best behavior and follow the court’s orders and deadlines so that attorney’s fees are not ordered against you. 

Any other questions? 

Just let us know! The attorneys at Leslie Copeland Law & Mediation are here to help. 

How to Be the Best Custodial Parent

Being a custodial parent is not an award. It is a privilege and an obligation. And it is one that can be lost if you don’t do what you’re supposed to do. What are you supposed to do exactly, you ask? Let’s see!

  1. Providing information to the noncustodial parent. When it comes to this obligation, more information is always better than less information.

    First, you are required to give the other parent full and unfettered access to the child’s educational and medical records. When filling out any form, be sure to list the other parent as such and to list them as an emergency contact. Stepparent should always be listed secondary to the parents of the child, no matter what. At the doctor’s office, be sure to list the other parent as a person who is authorized to have access to the child’s records and to talk to the doctor.

    Second, you are required to inform the other parent of and and all activities and events of the child. This includes the date, time, and location of any medical appointments, as well as the date, time and location of school events and extracurricular activities. I highly suggest that you utilize a shared electronic calendar or a coparenting app. This way, you don’t have to text the other party every time that there is an event. You can simply add events to the shared calendar.

    Third, you are both required to keep the other informed of your address and contact information, and “any and all pertinent information about the health, education, and welfare of the minor child.” This is a broad umbrella. If your child gets in trouble at school, or needs to start seeing a counselor, or anything else that you would want to know about your own child, then be sure to tell the other parent, and tell them in a timely fashion. No parent wants to learn this kind of information from someone else.

  2. Fostering a relationship with the other parent. The judge expects the custodial parent to do their best to preserve and foster the relationship between the child and the noncustodial parent. This includes not only compliance with the court order, but actively encouraging the child to have a positive relationship with the other parent.

    The first part is your obligation to enforce visitation, which means ensuring compliance with the court-ordered visitation schedule. You should have a copy of your court order handy at all times for reference. Keep in mind that your child does not get to decide if they want to go to visitation. You have to make sure they go, unless there is a “true emergency” like a health or safety risk for which you are willing to call the police and/or get an emergency order suspending visitation.

    The second part is encouraging and reassuring your child that not only are they are going to go to visitation, but that they are going to be safe and have a great time with the other parent. Even if your child doesn’t want to go, the best thing you can do is to be positive about it. The opposite of this is called parental alienation.

    Parental alienation can absolutely be a basis to lose custody and it is not something you want to be accused of. You would be shocked at the number of parents who say things to their children like: your mom/dad doesn’t want you, they don’t love you like I do, you won’t get do X activity because you’re with your mom/dad, we can’t go on vacation because of your mom/dad, I can’t afford X because your mom/dad didn’t pay child support. These things are not ok!

    By the way, never talk to your child about child support. They should not even know that it exists. Even if the other parent is not paying child support, they still get to have their visitation. If you want to enforce your right to support, then contact us and we can help you. But do not unilaterally withhold visitation over child support.

  3. Talking to the other parent. You should consult the other parent when making decisions involving your child. This might include where they’re going to go to school, if they’re going to get their tonsils out, if they’re going to be play football, etc. This doesn’t mean that you have to agree. If you are a custodial parent, then you get to make the final decision. But it is best to keep the other parent informed and at least listen to what they have to say.

    If problems arise about your child, pick up the phone and call the other parent. Texting is fine for routine matters like pick up and drop off. But if something is seriously wrong or needs to be discussed, then by all means call the other parent and try to talk about it. You can always follow up with a text that says, “Hey, just confirming our phone call where we discussed X and decided or did not decide Y,” so that you do have a record of it. If you don’t want to call because you want your conversation to be recorded, then you can do that too.

I hope this gives you a better idea of how to be the best custodial parent you can be. When in doubt, you can always schedule a consultation with one of our experienced and professional attorneys so that we can give you advice about your particular situation. Good luck!

KNWA: Arkansas law levels the playing field in child custody cases

KNWA: Arkansas law levels the playing field in child custody cases

NORTHWEST, Ark. (KNWA/KFTA) — A new law in Arkansas makes it easier for separated parents to get joint custody of their kids.

ACT 604 is the new joint custody law in Arkansas, which tells the judge — joint custody must be ordered in every new family law case unless there is “clear and convincing” evidence that it is not in the best interests of the child.

“Clear and convincing is a very high standard. You would have to have some really strong evidence that it is not in the best interest of the child in order to overcome that.”

LESLIE COPELAND, FAMILY LAW ATTORNEY

Family Law Attorney Leslie Copeland said joint custody means that the parents spend equal time with the child and have joint legal decision-making.

“This means that they have to confer and agree on all major decisions involving the child,” she said. “This might involve the choice of school, extra-curricular activities, or medical decisions.”

She said if the parents can’t agree, then they will be ordered to go to mediation to try and resolve the dispute before the judge will get involved.

Joint custody can be a win-win situation for the parents and the child if the parents can cooperate, communicate, and co-parent.

LESLIE COPELAND, FAMILY LAW ATTORNEY

Copeland said this new law has its benefits, such as:

For dads — she said in a traditional custody situation, it allows them to spend more time with their children and have more responsibility in their kids’ day-to-day activities.

For moms — she said it gives them more time to work and increases their economic opportunities while providing them with more support in caring for the children.

For the kids —she said it allows them to have equal time with each parent, which gives them the best of both works.

The research shows that the key factor in producing positive long-term outcomes for kids is the cooperation of the parents.

LESLIE COPELAND, FAMILY LAW ATTORNEY

Copeland said there is a downside, though.

“This is attempting to be a one size fits all solution for all families and all children,” she said. “It’s not always appropriate for parents to make decisions together, especially if there is a power imbalance or if they simply can’t get along.”

My interest in involvement is because the system overall treats fathers as unimportant.

SEN. ALAN CLARK, LEAD SPONSOR

Lead Sponsor Sen. Alan Clark said ACT 604 doesn’t mean joint custody is always the solution.

“We threaded the needle very well, it requires clear and convincing evidence,” he said. “We certainly don’t want a parent who’s physically or sexually abusive being forced into the mix.”

He said the legislation is looking out for the child’s best interest.

“We will have better outcomes for a majority of cases than what we’ve previously had if the law is followed,” Sen. Clark said.

Which is exactly Copeland’s hope.

Joint custody is hard, but it is the best situation for the child if the parents can get along!

LESLIE COPELAND, FAMILY LAW ATTORNEY

Under this new law, Sen. Clark said if a parent does not want a relationship with the child, they do not have to participate in joint custody.

Copeland said a common misconception people have about joint custody is that parents don’t have to pay child support. She said one parent may still have to pay child support even in a joint custody situation if the incomes of the parties are not equal.

Warning Orders & Service by Newspaper
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In most cases, we know where to find the opposing party to serve them. We typically serve them at work or at home. In rare cases, we can’t locate them anywhere! So we serve them in the newspaper by publishing a “warning order.” How does this work? I’ll show you!

What is a warning order?

A warning order is a legal notice published in the newspaper, warning a party to a lawsuit that if they do not answer the lawsuit that a judgment will be entered against them.

How do you get one?

First, you have to have the judge’s permission. To get that, you have to file an affidavit, swearing that you have made a “diligent inquiry” into the other party’s location and that their “whereabouts are unknown.”

What is a “diligent inquiry”?

A diligent inquiry means that you have really tried to actually find the other party. You have called their last known phone number. You have emailed their last known email address (if any). You have looked for them on Google and Facebook. You have reached out to friends and family to try to find them. You must have tried ALL OR MOST of these things, and you still couldn’t find them.

If you know their city and state, but not their exact address, you may have to hire a private investigator to try to find their address.

What else do I have to do?

After you have the judge’s permission to serve them by newspaper, you also have to send a copy of the paperwork to the person’s last known address, wherever that might be. We will send it to them by certified mail in the hopes that they get it and sign for it. Yes, you still have to send the mail even if you know for sure that they no longer live there.

How much does it cost?

The costs vary slightly but usually the newspaper notice costs about $115 and the certified mail costs about $15. A background check by a private investigator costs about $25.

Any other questions?

Just ask! We are here to help. If you need to serve someone by newspaper, be sure to follow the proper steps and let us know if you have any questions.

Child Support 101: Requesting Income Information
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Did you know that you are entitled to request (or required to provide) income information up to once per year for purposes of child support? Well, you are! Let me tell you all about it.

There is a statutory right to income information that is found in Arkansas Code § 9-14-107. It says:

A change in the gross income of the payor or payee parent in an amount equal to or more than twenty percent (20%) shall constitute a material change of circumstances sufficient to petition the court for modification of child support .

Any time a court orders child support, the court shall order each parent to provide proof of income for the previous calendar year to the other parent or the physical custodian of the minor child.

The court shall also order each parent to provide proof of income for a previous calendar year whenever requested in writing by certified mail by the other parent or physical custodian of the minor child, but not more than one (1) time a year; and the Office of Child Support Enforcement of the Revenue Division of the Department of Finance and Administration, when applicable.

Whenever a parent or the physical custodian of the minor child requests proof of income in writing, the parent receiving the request shall respond by certified mail within fifteen (15) days.

If the parent receiving the request fails to provide proof of income as directed by the court or fails to respond to a written request for proof of income, the parent receiving the request may be subject to contempt of court.

All income information received by a parent or the physical custodian of the minor child shall be treated confidentially and used for child support purposes only.

What does this mean for you? If you are receiving child support, then it means that you should put a reminder on your calendar every year to request this information.

If you are paying child support, then it means that you must respond to such a request within 15 days. If you’re not sure whether you should provide something, then err on the side of disclosure.

What should I request (or provide)? You should request (or provide) proof of income from all sources for the past one calendar year, including, but not limited to, a copy of the previous year’s tax return (or any and all W-2s or 1099s if taxes have not been filed), a copy of all paystubs from the current year, and proof of any bonuses or commissions received the past one year.

How do I send it? Your local post office will help you send it by certified mail, to the addressee only, with a return receipt requested. This way, only the person that it is addressed to can sign for it, and you will receive proof back in the mail. You check the status of your package online with the tracking number. It typically costs about $12.

If certified mail arrives for you from the other parent, then be sure to sign for it. If you miss it, then go to the post office and retrieve it.

What if they don’t sign for it, or don’t answer within 15 days? Then call me and we will have a consultation to discuss your options.

Good luck!

What is an Attorney Ad Litem?

What is an Attorney Ad Litem?

An attorney ad litem is an attorney that is appointed by the court to represent a child’s best interests. They are appointed in almost every contested custody case. This post will answer some commonly asked questions about attorneys ad litem, what they do, and what you need to know for your case.

What does an Attorney Ad Litem do?

The attorney ad litem is tasked by the judge to investigate the issues in the case and make recommendations about custody, visitation, and other child-related matters. To investigate the case, the attorney ad litem will interview the parents, teachers, counselors, and family members of the child. They will review the child’s grades and attendance. If the child has special needs, they will review the child’s medical records. They will look at the evidence in the case provided from both sides. They usually conduct home visits at both homes. In every case, they will talk to the child.

Does the Attorney Ad Litem do what the child wants?

Not necessarily. The attorney ad litem is tasked with representing the child’s best interests, not the child him or herself. A child’s wishes are more strongly considered if the child is older, mature, has good grades, and has valid reasons for their wishes. There is no magic age when a child gets to decide where he or she wants to live. The attorney ad litem will consider the child’s wishes and their reasoning in making their recommendations. If their recommendation is different from what the child wants, then they are obligated to inform the court about that difference.

What can I do to help my case if an Attorney Ad Litem is appointed?

First, contact the attorney ad litem as soon as possible. Set up a meeting to talk to them and pay their retainer. Fill out any paperwork that is requested. Give the attorney ad litem a copy of the child’s grades and attendance and medical records, as well as any other evidence from the case such as recordings or text messages.

Be honest with the attorney ad litem. We all want what is best for kids in these cases. Sometimes kids need counseling or other services, and the attorney ad litem can help facilitate those services. Don’t hide anything and keep the attorney ad litem updated with any changes in your life, such as employment or housing changes, and anything important that goes on with the kids, such as if they get in trouble at school or have a medical problem.

How does the Attorney Ad Litem get paid?

Typically, the parties are ordered to pay a small retainer at the beginning of the case. The attorney ad litem will bill hourly for their services. The hourly fee ranges from $90-200 per hour. It’s a good idea to ask about that at the beginning of the case. There is grant money available from both the state and the county to help pay for attorney ad litem services if the parties are indigent and unable to pay. Otherwise, the attorney ad litem will bill the case, apply the initial retainers and/or any grant money, and the balance will be paid equally by the parties. You can typically expect to have to pay $500-1000 for the attorney ad litem and should budget appropriately.

Does the Attorney Ad Litem come to court?

Yes. The attorney ad litem acts like a third party in the case. They can call and question witnesses and present evidence. They will also make their recommendations to the judge at the end of the case. The judge will take the recommendation of the attorney ad litem very seriously. it is important to know that during settlement negotiations.

Is there anything else I need to know?

In everything you do, keep your children and their well-being at the front of your mind. Do not talk badly about the other parent. Do not talk to the child about court or involve them in conflict unnecessarily. Protect your child as much as possible. If your true concern is your child, then the attorney ad litem will know that, and so will the judge.

Good luck!

Zoom Court Hearings & Mediations
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So you are scheduled to go to court or mediation, but it’s going to be by… video? How does that work? Well, let me tell you! It is not perfect, but it is the safest option for everyone involved, and there are definitely some things you can do to make it run more smoothly.

1) How do I use Zoom?

First, install the Zoom app on your phone, tablet or computer.

You will receive a link to the Zoom meeting in your email prior to to the event. You might get it the week or day before, or maybe not until the morning of. Don’t worry, it’s coming.

When you sign in to the meeting, be sure you have your full and correct name spelled out and it doesn’t just say, “iPhone” or “iPad.”

Be sure that your video is turned on, and that you are unmuted when it is your turn to speak. If you are in a court hearing, then it is a good idea to stay muted until it is your turn.

2) What do I need to do to prepare?

First, make sure that you are in a good location to participate. Ideally, this is somewhere quiet where you will not be disturbed and where you have a good internet connection. Feel free to test this out with a friend before mediation starts to test your connection, sound, microphone, and video.

If you are at home, then please arrange for childcare and secure your pets.

If you do not have access to a good location or device, then let your attorney know. There are other devices and locations available that can be reserved for you.

Have any documents you might need printed out in front of you, or have another device available if you need to look at documents on a computer.

Make sure you have lots of good light on your face. Facing a window is ideal. You can stack your device on top of books to raise it up to eye level. Also consider using headphones so that you can hear well and we can hear you.

Dress appropriately in business attire.

3) What about during the meeting?

During the meeting, you need to speak very slowly and clearly. There is often a lag or connection problem, but if you speak slowly, we will still be able to hear you.

If you are in court, only speak when spoken to. If there is an objection, then stop talking until you are told to continue.

You might consider changing your view to “Gallery View” rather than “Speaker View” if you want to be able to see all participants at the same time. You can see directions on how to do that here.

Zoom meetings are never perfect, but let’s all do our part to be patient and kind as we navigate this together. The good news is that we can still resolve your case even in the midst of a pandemic. If you have any questions about your particular situation, please ask. I look forward to working with you!

Co-Parenting During COVID-19

https://www.nwahomepage.com/knwa/co-parenting-during-the-coronavirus-causes-influx-of-calls-to-attorneys/

NORTHWEST ARKANSAS (KNWA/KFTA) — COVID-19 is creating unique challenges for everyone, but for divorced or separated parents, it means extra complications.

No one child or family is the same.

SONYA JIN, MOTHER OF TWO

Sonya Jin is a mother to 10-year-old Harrison, and 12-year-old Parker.

She’s divorced and has custody of both kids, but every week and a half, they go to their dad’s.

“We’re keeping that consistent so they have a sense of normalcy for the most part so they don’t all of a sudden have another change,” she said.

Jin said it’s already a challenge being a divorced family, but co-parenting during the coronavirus is a different ballgame because there’s only so much you can control.

“You can only do what you can do,” she said. “Communicate with the other person so that they know what your expectation is and hope that they also share the same position.”

Family Law Attorney Leslie Copeland said Jin is doing it right.

What I do is encourage parents to work together to try to find solutions on their own.

LESLIE COPELAND, FAMILY LAW ATTORNEY

Copeland said there’s an influx of calls from anxious parents worried about what to do with visitation during this health crisis.

“It’s just a very stressful time for people,” she said.

She even said some people are using the virus as a way to excuse their kids from seeing the other parent.

“It’s important for people to know that custody orders are court orders and they should be abided by,” Copeland said.

While that’s not necessarily the right way to go, Copeland said it’s crucial right now to keep the focus on the children and what’s best for them.

“If it’s not possible to have visitation, then let’s do lots of phone calls, and video, and try to make sure children are staying connected with both families as much as possible,” she said.

Which is exactly what Jin is doing in her own divided house — making sure she’s always putting her kids first in this already stressful situation.

“That’s what’s always been the case is to put your kids’ priorities over your own and it’s even more important right now,” Jin said. “You just have to figure out what works best for your family and each child because every child is so different.”

Jin said she knows how hard it can be right now for every parent, and she said her biggest advice is to make sure you are doing fun and creative things with your children during this time.

Below is more information about custody in the time of the coronavirus, according to Copeland:

Access to Courts:

• Courthouses are closed through May 1

• Judges are only holding hearings for emergency cases or are holding phone/video hearings

Custody Orders:

• Have to follow unless the parents agree otherwise or there is an emergency order from the Judge

• What I’ve seen so far is that Judges are sending kids for local visitation but not for out of state visitation (due to the travel risks involved and the higher rates of transmission in surrounding states)

• If you have concerns about visitation, you should first talk to the other parent and try to work something out. If you can’t, and you think it constitutes an emergency, then you can call a lawyer to file an emergency motion.

• If a stay-at-home order is issued, then I would expect visitation to be addressed in it, and if not, then I would expect our judges to issue direction to the attorneys about how the order will affect visitation.

Divorce Rates:

• Expected to rise after quarantine is lifted

• Bloomberg Business Week reported record-high numbers of divorce filings after quarantine was lifted in China, a 25% increase

• The answers as to why are anecdotal, but couples are under an unusual amount of stress.

• There is record unemployment and many couples are facing financial strain.

• They are also home together under stress, unable to leave or return to work, and have children underfoot.

• Either couples grow closer together, or further apart.

• We are still filing divorce cases now and uncontested divorces are being finalized. You do not have to wait for quarantine to be lifted to talk to an attorney or file for divorce.

• There will be a backlog of cases when things get back to normal. It is not too early to talk to a lawyer and start your case now, if you are able.

For more information about Leslie Copeland Law & Mediation, click here.

Divorce During COVID-19
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There is a lot of uncertainty right now: uncertainty about when the kids will go back to school, when many of us will go back to work, and ultimately, when things will go back to normal. Although I can’t answer all of those questions, I can answer some questions you may have about your divorce or custody case.

Can I still get divorced right now? Yes. Uncontested divorces are being finalized online. Hearings and mediations are being postponed, but we are doing all we can to settle cases so that divorces can be finalized.

What if I have a custody emergency? Although the courthouses are closed to non-emergency matters, you are still entitled to a prompt hearing if there is a true emergency in your case. Judges are also holding some hearings on the phone or by video.

Can I meet with my attorney? Not in person, but we are happy to offer phone and video meetings and consultations.

What else do I need to know? You can view our COVID-19 Policies and Procedures page, which are being updated as information becomes available.

We look forward to helping you through this difficult time. Please let us know how we can help.

How to Use Text Messages in Court
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As you can imagine, the way that we communicate in this day and age has changed the way that judges, attorneys, and the court system operate. I’ll put it this way: clients these days put a lot more in writing than they used to!

If you have text messages on your phone that could be used in court, then your attorney will need you to download or screenshot those messages for printing. (Yes, we still use paper in the courtroom.)

Ideally, you would have one long PDF file of your entire conversation with the other party. Then you would send that PDF to your attorney along with a list of the most relevant texts that they should see. This way, all of the messages are in order, time-and-date stamped, and have context. What a dream! Unfortunately, this isn’t very easy to do.

If you have an iPhone AND a Mac computer, then all you have to do is open the Messages app on your computer, choose the conversation you want to print, then press COMMAND+P and choose Save as PDF. Voila!

If you don’t have an iPhone and a Mac computer, then you will likely have to download a program to get your entire conversation from your phone to your computer. Clients report success with iMazing, which you download to your COMPUTER and works with iPhone.

If you don’t have a computer, then your only option is to screenshot your messages and email them to me. When screenshotting, try not to have much overlap, and try to get times and dates in there as much as possible. Please keep your messages organized by re-naming the files or keeping them in folders with dates. I use Google Drive and so you are welcome to upload the messages in an organized fashion to a Google Drive folder and share it with me. Please also feel free to give me any notes to provide context to the messages.

If you want to take it a (very helpful) step further, then you can stitch your messages together using this app for your phone, which will organize all your messages into a PDF file for me. I love it! It only costs $2.99. Be sure to choose the option of PDF - Multiple Pages as shown below.

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If you cannot figure it out, that’s ok. Just send what you have to the attorney in the best order that you can. No one is perfect!

Organization is the key to success in life and in court. Make your attorney’s life easier (and your case better) by trying some of the suggestions above. You’ll be glad you did.

Estate Planning: Wills vs. Trusts

When you think of estate planning, what comes to mind? Old people, probably. Old people with money. The royal family? Well, we are here to set the record straight: Estate planning applies to YOU!

What is estate planning? It’s when you and your attorney make a legal plan for what happens to your “stuff” when you die. The plan also includes who you would like to be the guardian of your children, and who will be in charge of your affairs if you become unable to make decisions for yourself.

What if you don’t have an estate plan? Then the state gets to decide and trust me, you probably won’t like it. For instance, even if you are married, if you die without a Will or estate plan, then your spouse only gets a share of your estate, which may not be enough to live on. If you have children, then the court will appoint a guardian without your say in whom you would have chosen.

So what do I need? A basic estate plan includes a Last Will and Testament, a Financial Power of Attorney, and a Healthcare Power of Attorney. Every adult should have at least a basic estate plan.

  • The Last Will and Testament will designate who gets your property when you die, who will be the executor in charge of distributing your property, and who you would name as a guardian for your minor children.

  • The Financial Power of Attorney will designate who can manage your affairs if you become incapacitated and unable to make decisions for yourself, such as if you are hospitalized.

  • The Healthcare Power of Attorney will designate who can make healthcare decisions for you and provide for any healthcare needs you might have if you become unable to make those decisions for yourself.

Do I need a trust? A trust is a more advanced type of estate plan where a trust is created now to manage your assets both currently and when you pass. There are several advantages to creating a trust.

First, the trust is more private as your estate does not pass through probate when you die. Second, although the upfront costs are greater, the costs at the time of distribution are often much lower, including lower taxes for your beneficiaries. Third, a trust often allows you greater discretion and creativity when providing for beneficiaries. For example, you can designate that minor children or young relatives only receive portions of their benefits as they get older, rather than them receiving it all at once.

Contact our attorneys today to create a customized estate plan for you and your loved ones. We look forward to taking care of you!