Scott Allen Scholl’s Answers

Scott Allen Scholl

North Little Rock Family Law Attorney.

Contributor Level 18
  1. I used spousal privilege to not talk to CPS, now they find me neglectful, I want to appeal. Do I need a lawyer?

    Answered over 2 years ago.

    1. Inga L Stevens
    2. Scott Allen Scholl
    3. Gregory Don Sherwood
    4. Barry Franklin Poulson
    5. Matthew F. Govan
    5 lawyer answers

    First off, you need an attorney. Then, to follow up on Ms. Steven's response, I'll present the "Devil's advocate" position: CPS will likely make an argument that you are not taking the safety of your daughter seriously because the level of violence in your home rose to the level that you had to pull a firearm to protect yourself and daughter from seriously bodily harm BUT now you are refusing to press charges or testify against the perpetrator of the violence. The argument will then...

    7 lawyers agreed with this answer

  2. Can our soon-to-be ex daughter-in-law take the life insurance policy we took out on our son years ago?

    Answered 5 months ago.

    1. Scott Allen Scholl
    2. Harold F Cook Jr.
    3. Gary Roger Waitzman
    3 lawyer answers

    It will be best for your son to review the matter with his attorney, much of the answer will depend on who the owner of the policy is, and if he is the owner whether any marital money has been used to accumulate the cash value. Even if he is the owner, with only eight months of marriage it would not seem that much, if any, of it would be a part of the marital estate.

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  3. What can I do legally.

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Charles Adam Shultz
    3. Joseph Franklin Pippen Jr.
    3 lawyer answers

    You will need to probate your father's estate, during that process it will need to be determined what (if any) interest your mother may have in the property and then transfer your father's interest into your name.

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  4. My daughter and grandson were living with me when she passed away 10 days ago. The father and I agreed the child should stay

    Answered over 1 year ago.

    1. Howard M Lewis
    2. Scott Allen Scholl
    3. Lisa Douglas
    3 lawyer answers

    The most comprehensive solution would be to file a guardianship with the Court. The father could sign a child care authorization, which would allow you to take care of the child, consent to medical care, etc., and then appoint you as the designated payee on behalf of your grandson, but the guardianship would be less likely to be questioned by third parties, and you wouldn't need to worry as much about the father suddenly revoking your authority.

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  5. Uncontested Divorce

    Answered over 2 years ago.

    1. Scott Allen Scholl
    2. Mary J Quin
    3. Kathryn L. Hudson
    3 lawyer answers

    Either adult children or the parent to whom the support was owed could sue for support arrears, however the statute of limitations for doing so is 5 years from the child's 18th birthday --- so it is too late to collect support regardless of whether there was a support order or not. A divorce should be straightforward, as stated previously after being separated for 15 years all of your property and debts are probably separate for most purposes. There may be issues with spousal support or...

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  6. My son in law got rid of his solicitor,and now my daughter has the same solicitor,is this conflict of interest

    Answered 7 months ago.

    1. Scott Allen Scholl
    1 lawyer answer

    Arkansas does not use 'Solicitors' since Amendment 80 a few years ago, so my guess is that you are in the Country of England in the U.K., and your query was posted in a forum for England, Arkansas - a small city in the U.S. If you are in the U.S., the answer would be "maybe." Unfortunately your post doesn't have enough information. It will depend on whether a conflict exists between your son and daughter, and if there is a potential conflict your daughter could waive it.

    5 lawyers agreed with this answer

  7. My husband wants to give up paternity rights

    Answered 7 months ago.

    1. Stephen E. Fisher
    2. Scott Allen Scholl
    3. Lawrence John Gibney Jr.
    3 lawyer answers

    Unfortunately, your husband is putting you in a terrible situation. Many people are under the impression that someone can just give up their parental rights and that will alleviate them from having to pay child support, and some believe that if the father tells the mother that he wants her to have an abortion then he won't have to pay child support. Neither of those situations are true. The law is very clear that parents cannot bargain away child support. You can get divorced while...

    5 lawyers agreed with this answer

  8. Can noncustodial father keep me from moving out of state with our son?

    Answered 7 months ago.

    1. Scott Allen Scholl
    1 lawyer answer

    A mother has custody of her child born out of wedlock unless and until a Court orders otherwise. In Arkansas, there is a presumption that if the custodial parent wishes to relocate out of state with the minor child, the move is in the best interests of the child and the relocation will be allowed. If the father wishes to prevent you from moving out of state, he will have the burden to overcome that presumption. Going only by what you posted, he would have a difficult time overcoming the...

    5 lawyers agreed with this answer

  9. Can my girlfriends ex husband ban me from being around during visitation with the mother with no just cause other than jealousy?

    Answered 8 months ago.

    1. Aaron Scott Hill
    2. Scott Allen Scholl
    3. Rixon Charles Rafter III
    4. Peggy Margaret Raddatz
    4 lawyer answers

    While Arkansas courts often enter a general order that parents will not be allowed to cohabit or have overnight guests while the children are in their care, usually they will not order that new romantic partners cannot be around the children during visitations (as long as it's not overnight) absent some particular circumstances that would make it contrary to the best interests of the minor child to keep them away from (i.e., you pose some risk or danger to them). Have your girlfriend...

    5 lawyers agreed with this answer

  10. My boyfriend of 8 years is still legally married. So with that being said, does common law marriage apply?

    Answered 8 months ago.

    1. Scott Allen Scholl
    2. Aaron Scott Hill
    2 lawyer answers

    No. First, Arkansas does not have common law marriage (it will recognize a common law marriage that arose in another state, but one will not arise out of your actions in Arkansas). Second, he is already married. That means he is not free to marry until the first marriage is dissolved. There are a number of problems that could arise for your family down the road, so he may want to go ahead and take care of business by divorcing his wife. Then, you and he would be able to get married.

    5 lawyers agreed with this answer

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