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Scott Allen Scholl

Scott Scholl’s Answers

3,500 total

  • We just filed a ex parte do you HAVE to HIRE a lawyer?

    We filed a ex parte on our great nieces and the only response we have got from the judge s Office and the prosecutor office is we must hire a lawyer ? But the DHS HEAD lady in little rock told us that we could do all of the paper work by ours...

    Scott’s Answer

    You can try contacting legal services for assistance:

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  • My brother and his ex-wife have 2 kids. They are divorced right now and she is remarried. Can her new husband adopt them legally

    He was served with papers today stating that this man adopted my brothers kids. There were no custody papers drawn in the divorce. He never signed over his parental rights. Is this legal?

    Scott’s Answer

    Under some circumstances an adoption may be granted without the consent of the father BUT even assuming this is the case with your brother's children (e.g., he failed to support or communicate with them for a year or more) if your brother and the mother of the children were married when or after the children's birth then he should have been notified of the filing of the adoption proceeding and given an opportunity to be heard at hearing.

    The papers he was served with may be the notice of the proposed adoption, in which case he needs to get an attorney very soon to enter his appearance and object to the hearing.

    The adoption has already been granted, he needs to move very quickly to ask the Court to set aside the adoption.

    In both of these scenarios he has some very short deadlines, so he needs to act quickly.

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  • Can I sue hotel for extortion???

    OK I'm in Arkansas. I currently stay at a hotel that has slots. They give tickets which are worth $5 a piece which only can be used for merchandise or put towards a room. Well, the owner, not manager tells me she will give me cash for the tickets ...

    Scott’s Answer

    By your post, I'm not sure you have made out a case for extortion or that you have suffered any damages to sue on regardless of what form of action you would sue on.

    I would be cautious about continuing to engage with the manager. Underscoring the fact that we have too few facts to really analyze the situation, your post does raise some red flags for the possibility of some illegal gambling going on.

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  • Is grandparents rights valid in Arkansas?

    I have primary custody of my children with my ex-husband having visitation rights. My children and I have lived with my parents for a year and 10 months. My mother recently mentioned filing for grandparent rights to take my children from me, but I...

    Scott’s Answer

    Usually when people refer to "grandparent rights," they are referring to visitation. "Taking your kids away" would be more of a guardianship situation (i.e., if you weren't able to care for your children or some other reason why it would be a good idea to have grandma have custody for a while).

    Arkansas does have a statute that allows grandparents to receive court-ordered visitation, but there is a presumption that if the natural parent(s) are refusing visitation they are doing so in the best interests of the children. It appears from your post that your mother may be able to petition for grandparent rights, because you and your husband are divorced and the children have lived with her for more than 12 months. She would still have to show that grandparent visitation would be in the best interest of the kids (and if they are living with her right now anyway, there wouldn't be much benefit in getting visitation by court order).

    As to the guardianship, the law is in a great deal of flux right now but seems to be settling back into the position that the law prefers a fit parent over a non-parent.

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  • Can I take my children out of state ?

    I'm moving one hour from kids bc of my x and his family harassing me. I can't prove the do this but I know what I see. When I do move one hour away it will be in another state and I want it to go smoothly so my question is can I do this with out...

    Scott’s Answer

    I respond only to add to Mr. Hamman's answer that you should check your decree - - often the decree will include language prohibiting parties from harassing the other party. The Court may be more willing to look at what they are doing in a contempt action than what your local law enforcement officers may be.

    If you have primary custody of your children, there will be a presumption in favor of allowing you to relocate, and if you are only one hour away it likely won't create a big burden on the other parent's visitation rights. BUT it's always best to bring the matter to the Court before you move.

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  • Can he keep me from moving out of state and can he make me meet him to where we live now it's 12 hrs & can he use meds against m

    I have1 child with him we aren't legally married but had a ceremony in Gods eyes don't know if he can use that against me was like 5 years ago. We live in Ar now & I want to move to Tx to be around my family as I have none here! He is in law enfor...

    Scott’s Answer

    Assuming that you weren't married, and paternity has not be established by a Court, then you can relocate to another state if you wish. If there is a court order for custody/visitation, then you should petition the Court to allow you to relocate.

    With that said, if he decides to file a paternity action, that suit would be filed in the state that was the home state of the child for six months -- that means if you move then you will be subject to the jurisdiction of Arkansas if someone files within six months of your move. That's doesn't however, mean that you have to move back to Arkansas.

    Without knowing the distances, it's impossible to predict what the Court will order as far as visitation. If you are in Texarkana, AR and move to Texarkana, TX then every other weekend may be plausible. If you live in Jonesboro and move to Austin, then every other weekend isn't likely to be a viable option.

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  • How long after a mediation agreement can child support be changed. Income has not changed but opposite parent wants double now

    Mediation agreement set and all parties agreed

    Scott’s Answer

    First, it isn't an issue of time but rather there has a been a material change of circumstances since the last order respecting child support (change in income, change in needs of the child, change in custodial arrangements, etc.).

    With that said, mediation is not binding and so if the Memorandum of Understanding wasn't incorporated into a court order the other party may still request that the Court make a determination as to the proper amount of child support.

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  • How to change a cash bond to a get out of jail?

    My brother in law was told that the papers he was being served we Civil papers by a police officer. They were body attachment/child support. Now he's on a $12,000 cash bond. He is about to loose his job because of this. How do I get it changed so ...

    Scott’s Answer

    As Mr. Dowden indicated, he can contact an attorney who can contact the other attorneys involved in the case (the attorney for OCSE and/or the other parent's attorney) to try and work something out, or to ask the Court to move the hearing up.

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