One frequently asked question about divorce is, how will it affect my health insurance? Well, let’s find out!

Can I remain on my ex’s health insurance after the divorce is finalized? 

No, you must enroll in a new health insurance program within 30 days of the divorce decree being issued. This 30 day period is considered a special enrollment period because getting a divorce is considered a life event (just like having a baby or moving). If you do not obtain your own coverage during this time, then you will have to wait until the open enrollment period. Open enrollment for the Health Insurance Marketplace is currently November 1 through January 15.

Where can I get my own health insurance?

All Americans are eligible for health insurance through Healthcare.gov. You can also obtain health insurance through your employer, your spouse’s employer, Medicare, or Medicaid. 

You can apply for health insurance coverage and see what plans and subsidies are available to help pay for coverage by applying online at Healthcare.gov. 

If you qualify for Medicaid or CHIP (Children’s Health Insurance Program), you may enroll or change your plan any time. 

Most people are eligible for significant financial aid!

How can I temporarily continue receiving healthcare through the same program I was using prior to the divorce?

COBRA (Consolidated Omnibus Reconciliation Act) gives workers and their families who have lost their health benefits for a reason such as divorce the option to continue using group health benefits for a limited time. 

Does everyone qualify for COBRA?

No, your group health plan must be covered by COBRA. It is provided to group health plans sponsored by employers that employ at least 20 employees. If you qualify for COBRA, you may required to pay the entire premium for coverage. The covered employee or previous spouse can also elect for any dependent children to be covered by COBRA. 

How long does COBRA coverage last?

COBRA coverage lasts for a maximum period of 36 months after the divorce. A covered employee’s previous spouse who would lose coverage due to a divorce must notify the plan administrator of the divorce within 60 days of the filing of the divorce decree. After being notified, the plan administrator has 14 days to tell you of your right to use COBRA continuation coverage.

Where can I get more information on COBRA?

https://www.dol.gov/general/topic/health-plans/cobra 

At Leslie Copeland Law, we are here to guide you through the divorce and separation process with professionalism, empowerment, and empathy. Give us a call today to see how we can help you.

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.

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.

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.

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.

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!

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.

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. 

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

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.

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?

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!

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.

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.

You’re probably reading this because your case has come to an end, whether you’re (finally) divorced or your custody case has been resolved. What do you do now? This guide is intended to help you navigate the days, months and years to come, so that you’re prepared if you ever need to come back to court. Not all of it will apply to you, but hopefully, some of it will.

Paperwork

• Read your paperwork carefully. Then re-read it again periodically. Some of the language can be technical. Make sure you understand what you’re reading. If you have any questions, just ask. But remember the phrase, “Ignorance of the law is no excuse.” Just because you didn’t read or understand your paperwork doesn’t mean you haven’t violated it. Be sure you are very familiar with what you’re supposed to do, and not supposed to do.

  1. What happens if you don’t follow your paperwork, you ask? Well, then you could be looking at the Big C - CONTEMPT. You do NOT want to be in contempt. If you violate the paperwork, the other party can make you come to court and explain why you didn’t follow it. And trust me, the judges are not sympathetic. They can fine you, and even jail you. So be sure you follow it to a T.

• Make sure you have both hard copies and an electronic copy of your paperwork. I suggest keeping copies close at hand, whether in a file folder or on your phone. You might also want to give copies to your children’s school, daycare, doctor, or other providers, so everyone is on the same page about custody and visitation.

Child Support

• Read your paperwork to find out who is supposed to set up the child support case. Almost all cases require that child support be paid through the Arkansas Child Support Clearinghouse. In order for it to be paid, first a case has to be set up. Then you and the other side should both receive paperwork in the mail explaining the different ways you can pay and the different ways you can receive. The first payments may come via check, but you can later set up direct deposit.  

• Keep your child support case number handy. If you ever need to call the 1-800 number, this is the first thing they will ask for. Keep in mind that you can periodically request an accounting from the Clearinghouse, which will show all payments that have been made.

• Pay your child support directly to the other party until the case is set up. Sometimes it will take a couple of weeks to get the case going. Until then, you should pay the other party directly via check or some other provable method.

Record Keeping

• Keep good records of the communications between you and the other party. I cannot tell you how many times people come to me with complaints but then have lost the text messages to back them up. What you do is: screenshot the relevant text messages and then email them to yourself so that if your phone is lost or broken, the text messages are still saved somewhere. There are also apps that will download all of your communications, which is a great idea.

• Screenshot relevant Facebook posts, and anything else that could be relevant later. You never know what you might need. If the other party or their family is spouting off on Facebook, screenshot it. If they leave you an ugly voicemail, save it to your email. Do not lose this stuff because you never know when you might need it.

• Keep a calendar of relevant events. It is very handy for your attorney to have a timeline of when things happened. If the other party misses a visitation, or cancels last minute, or decides to go to Cancun instead of exercising visitation, write it down! A journal, calendar or diary that is kept contemporaneously is admissible in court. So write. it. down.

Co-Parenting

• Do your part to work with the other party for the sake of your children. Ask yourself: What will the Judge think about my actions? Did I give the other party the benefit of the doubt? How will this affect my children? The best thing that you can do for your children is to have a good relationship with the other party. Be flexible. Switch weekends upon request. If there’s a problem with the kids, the first person you should call to talk to about it should be the other party.

• Keep the other party informed, or, ask for information. If you are the custodial parent, take your role as a privilege and a responsibility. Keep the other parent informed of what goes on at home, at school, at the doctor, and at extracurricular activities. Even if they don’t respond, keep doing it. If you’re the non-custodial parent, this does not relieve you of your duty to find things out. You should know the names of your kids’ teachers, their doctor, their coaches, etc. You should go to parent-teacher conferences. Know what is going on in your kids’ lives.

• Try an electronic calendar or co-parenting app. I have a different blog post about the different options. An electronic calendar can help you, the other party, the kids, and even stepparents be aware of where the children are and where they’re going to be. You can schedule and re-arrange holiday and summer visitation far in advance. The kids can know which parent to ask about sleepovers, etc. You can add things to the schedule, like school events or practices, without having to constantly text the other parent. I highly recommend you look into it.

Review Your Lawyer!

• If I haven’t asked you already, please consider leaving us a five-star review if you are happy with the services you have received. They make a big difference for a small business like ours. There are two places where you can review: 1) Google (where all good things come from; however, it is public) or 2) Avvo (where you rate and review attorneys and can leave an anonymous review). Thank you in advance for your feedback, and good luck!

Co-parenting is not an easy task. You have to learn to emotionally separate yourself from the other parent and treat your communications like business. When do you pick up the kids? What do they need for soccer practice? Who is their guidance counselor? It’s a lot to keep up with.

What if there was “an app for that”? Just your luck, there is! A couple of apps, actually. I’d like to introduce those apps to you in this blog post in the hopes that you will find the best way for your family to communicate.

1) Google Calendar. The first app I will introduce is the simplest one of all: a shared electronic calendar. It is easy to set up and use, and it’s free. You can set up multiple calendars for different things, such as, a calendar for visitation, a calendar for doctor and dentist appointments, a calendar for school events, a calendar for extracurricular activities, and so on. Either parent can add events to the calendar, and cause a notification to be sent to the other parent so that they know what was added. Stepparents and children can also be given access to the calendar, so that everyone knows where the children are at any point in time. The children can look at the calendar and know which parent to ask about a sleepover, for example, or whose house they will be at for Christmas. Kids thrive on stability and certainty, and something as simple as a Google Calendar can provide just that.

2) Our Family Wizard. Our Family Wizard is the creme-de-la-creme of co-parenting apps. It has everything you could want and more. Not only is there a calendar, but there is also an internal messaging app, expense tracking, medical information, school information, and note taking. Attorneys like it because it saves everything: you can easily print or send all of your communications with the other parent to your attorney if there’s a problem. You can easily track expenses and reimbursement, if someone falls behind. It even has a feature to identify and flag “emotionally charged sentences” to help prevent you from accidentally saying something that you might regret! Pretty nifty stuff. The only downside to this wonderful service is the price: $120 per year. But with that, you get excellent customer service and an excellent service. Most clients find that it is well worth the price.

3) AppClose. AppClose is the budget version of Our Family Wizard. It has many of the same features, but none of the price, because it’s free! It also has a calendar, messager, expense tracking & reimbursement, and important information. With the expense tracking, you can log an expense in the app and request reimbursement from the other parent, who can pay through the app, instantly. From my experience, AppClose doesn’t work quite as seamlessly as Our Family Wizard. In fact, the set up can take awhile. But once it’s set up and you get the hang of it, it’s great! And at the $0 price, it’s worth a try.

4) Cozi Family Organizer. Cozi is an app that is used by nuclear families and non-traditional families alike. It is an easy way to organize your family’s life by use of electronic calendars, to-do lists, a family journal, and even recipes and shopping lists! It is easily shared across all of your devices. It is an upgrade from the Google Calendar, but not quite the full-fledged co-parenting app like Our Family Wizard or AppClose. If you’re like Goldilocks and want something in the middle, Cozi is a great choice for you. And once again, it’s free, unless you opt for the Cozy Gold, which has additional features.

Alimony has a bad rap. No one wants to pay it, but everyone’s always asking for it. So what is alimony, anyway?

Alimony, now more commonly called “spousal support,” is the financial support of a spouse during and after a divorce case. It’s commonly ordered in cases where one spouse has financially supported the other during the marriage. They will be expected to continue to do during the divorce case, and sometimes, afterwards.

How does the Judge determine if spousal support should be awarded? The two primary things we look at are: the ability of the supporting spouse to pay, and the need of the dependent spouse for the support. There is a document called an Affidavit of Financial Means, that both parties will fill out. For the supporting spouse, we are looking to see if they have enough income, after reasonable expenses, to pay support. For the dependent spouse, we are looking to see if they have a deficit after their income and expenses have been considered. If the supporting spouse can pay, and the dependent spouse has a need, voila! You have a case for alimony.

Is that all the Judge looks at? No. Although ability to pay and need for support are the primary things the Judge considers, he or she will also look at other factors, including: (1) the financial circumstances of both parties; (2) the couple’s past standard of living; (3) the value of jointly owned property; (4) the amount and nature of the parties’ income, both current and anticipated; (5) the extent and nature of the resources and assets of each of the parties; (6) the amount of income of each that is spendable; (7) the earning ability and capacity of each party; (8) the property awarded or given to one of the parties, either by the court or the other party; (9) the disposition made of the homestead or jointly owned property; (10) the condition of health and medical needs of both husband and wife; (11) the duration of the marriage; and (12) the amount of child support (if applicable).

How long does it go on? Well, it depends. The trend is toward “rehabilitative” alimony, meaning, long enough to help the dependent spouse get back on their feet. However, in certain cases, permanent alimony can be awarded, especially in cases of long marriages or where the dependent spouse is disabled or unable to be rehabilitated into the work force.

Who can I call if I need help? This one’s easy: call Leslie! She can assess your particular case and help you make informed decisions about what is best for you. Schedule a consultation and come talk to her today.

Dependency Neglect proceedings with DHS are very serious and very scary for parents. Fortunately, you don't have to go through this experience alone. You have the right to be represented by an attorney at every stage of the process. The terminology and laws that apply to DHS hearings are unique. There are steps you need to take to protect yourself and your children. This article is designed to give you a brief overview of the DHS Dependency-Neglect process so that you know what to expect. Here is the timeline:

1.  A person files a report with the Child Abuse Hotline and DHS investigates the report.
2. If DHS determines that there is an emergency, the child will be temporarily taken into DHS custody or the custody of a relative. If the child is placed in DHS custody, DHS will obtain an "Ex Parte Emergency Order for Custody."
3. Within 5 days after the Emergency Order is issued, there will be a "Probate Cause Hearing." At this hearing, the court will determine whether DHS had probable cause to remove the child and whether the child can be returned home safely. This is the only issue heard at this hearing. You or your attorney should look at DHS's evidence closely to see if they can show that they had probable cause. You have the right to review the investigator's report and to question any witnesses. If there was not probable cause, the child can be returned home.
4. Within 30 days after the Probable Cause Hearing, the court will hold an "Adjudication Hearing." This is a trial. The court will determine at this hearing whether to "adjudicate" the child as dependent, neglected or abused. If the court does not find that the child is dependent, neglected or abused, then the child can be returned home. However, if the court does find that the child is dependent, neglected or abused, then the court will move forward to the "Disposition Hearing."
5. The "Disposition Hearing" is held either at the same time as the Adjudication Hearing or shortly thereafter. The Disposition Hearing will set out a 6-month plan for the child and the parents. The court will determine who will have temporary custody of the children and what the visitation schedule will be. The court will also order DHS to provide services to the parent(s) in order to remedy the problem. The parent can be ordered to complete certain classes or tasks, like taking a drug test, submitting to a psychological evaluation, going to parenting classes or going to therapy.
6. At the "Six Month Review Hearing," the court will determine whether the parent has followed the 6-month plan and whether they have received the services ordered by the court. The court will determine whether these services have remedied the problem such that the child can return home.
7. The court will continue to hold Six Month Review Hearings until either the problem is resolved or whether permanent plans need to be made for the child's future.
8. If the problems have not been resolved within a year, the court will hold a "Permanency Planning Hearing" to decide whether it would be in the child's best interest to be adopted. If so, the court will set a "Termination Hearing" to terminate the parental rights of a parent who has not followed the orders of the court and has not shown that he or she can provide adequate care for the child. If parental rights are terminated, the parent is no longer related to the child and has no rights as to them. The court will continue to hold Post-Termination Hearings until the child is adopted but the terminated parent will not be allowed to attend.

As you can see, these proceedings are complex and their implications are serious and sometimes permanent. If you have a DHS hearing, you need to contact an experienced family law attorney like Leslie immediately. 

We all know the lyrics: "Till the one day when the lady met this fellow / And they knew it was much more than a hunch / That this group must somehow form a family / That's the way we all became the Brady Bunch!"

Cheesy, I know. But in reality, blended families are more common now than ever. And stepparents often to come to love and care for their stepchildren as if they were their own. Adoption not only solidifies that bond, but it has some important legal benefits as well. Once an adoption is finalized, the stepparent is treated as though they were the child's parent at birth. They have the right to make decisions regarding the child's health, welfare and education. The child will stand to inherit from the adoptive stepparent. And the stepparent will have the right to petition for custody and visitation if they divorce.

How Does It Work?

In a stepparent adoption, the stepparent petitions the court to adopt the child. Attached to the petition is the child's birth certificate, the death certificate of any deceased parent, and a consent form from the stepparent's spouse. State law also requires that an Adoption Information Form be sent to DHS.

Who Is Involved?

The stepparent's spouse, the natural parent of the child, must consent to the adoption by filing a notarized consent form. Further, the biological parent will need to be given notice of the adoption and have the opportunity to either consent or object, with some exceptions.

A biological parent will be considered to have waived their right to consent or object if their parental rights have been terminated, or if a judge determines that they have "abandoned" the child by willfully refusing to support or contact them for more than a year. If the biological parent is deceased, then the biological grandparents will need to be notified; although their consent is not necessary, they have the right to come to court and object if they choose.

Will I Have To Go To Court?

Yes. But first, there is a ten-day waiting period after the filing of consent to allow a consenting parent time to withdraw the same. In other adoptions, there is also a required minimum residential time as well as a home study and a child study. These requirements are waived in stepparent adoptions.

At the hearing, the natural parent, the stepparent and the child must all be present. The judge or the stepparent's attorney will ask the parents a few questions. If the child is old enough, they may be asked if they wish for the adoption to proceed as well. Any objections to the adoption will also be heard.

The judge will establish that the requirements for adoption have been met and will issue a Decree of Adoption. Then there are usually pictures and a celebration lunch!

If you are a stepparent who would like to adopt a child, call Leslie to schedule a consultation.

Shakespeare once said, "That which we call a rose. By any other name would smell as sweet." True as that may be, there is a multitude of reasons why a person might want to change his or her name. It could be as simple as a misspelling. I  had a client whose middle name was misspelled on his adoptive birth certificate, causing confusion as an adult. Or sometimes, it might be because of family history. I had another client who wanted to change her last name to that of her foster parents, even though she was never officially adopted by them.

There is an infinite list of reasons why a person would want a name change. Fortunately, the process is pretty simple! Arkansas Code § 9-2-101 says that any person can petition to have his or her name changed "upon good reasons shown."

An attorney can draft the paperwork for you for a very low fee, and accompany you to court. There is a filing fee (about $165) and you will have to present your petition to the judge. It's a relatively pain-free process but having an attorney by your side can help calm the nerves.

So what's in a name? Whatever you want it to be.