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.

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!

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!

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!

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!

If you're reading this post, you probably have a custody or divorce case and you're likely asking 1 of 2 questions:

1: Can I move? 

or

2: Can my ex-spouse move?

In custody cases, moving away from the other parent has a serious impact on the family dynamic. But in the age we live in, it's important for people to have the freedom and flexibility to follow opportunities that may come their way. The court tries to balance these two competing interests. However, I would say that it has given slightly more weight to the second consideration. Allow me to explain.

The law in Arkansas says that a custodial parent's decision to relocate (or move) is presumed to be in the best interests of the child. It will be up to the non-custodial parent (the parent with visitation) to show otherwise. There are 5 considerations that the judge will look at:

• (1) the reason for relocation;

• (2) the educational, health, and leisure opportunities available in the new location;

• (3) the visitation and communication schedule for the noncustodial parent;

• (4) the effect of the move on the child’s extended family relationships; and

• (5) the preference of the child, including the age, maturity, and the reasons given by the child as to his or her preference.

If a parent is moving away solely out of spite, or without any job prospects, or is just trying to take the child away from the other parent or from family, then they can probably be prevented from moving. If, however, they are moving to be with family or moving for a good job, the court will likely allow it. The judge will look at the opportunities in the new location, the prospects for visitation, the family the child is moving to or leaving behind, and in some cases, what the child wants. He or she will take all of these things, and more, in consideration in order to determine if the move is in the child's best interest, and what the new visitation schedule should be.

Note: If you have joint custody and are wanting to move, it's a whole new ballgame. Even if you don’t have “joint custody” per se, but have the child close to half the time, then the court uses a different standard and it is more difficult to move.

If you want to relocate, or you would like to prevent your spouse from relocating, a good attorney can make a big difference. Call Leslie today for a consultation to discuss your particular situation.