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Scott Allen Scholl

Scott Scholl’s Answers

3,434 total

  • Can my ex be forced to pay child support even if our decree said no money to be paid...?

    Divorced with 4 children in 2010. Agreed to share custody of kids and nobody would pay the other child support. A month later, that all changed when I moved out of state. 3 kids came with me, 1 stayed with him. We never got paperwork to reflec...

    Scott’s Answer

    There has been a material change of circumstances since the entry of the last order, namely that you are now shouldering the full burden of raising the children.

    This will allow you to ask the Court to modify the decree to provide that he must now pay child support.

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  • If my child's father pays child support but doesn't have any contact, can my child still be adopted in the future?

    I am going through to process of putting my child's father on child support. He has now contact now. If he continues to have no contact and I was to marry, is it possible for my future husband to adopt my child?

    Scott’s Answer

    The consent of a biological father to an adoption is not needed if he significantly fails, without justification, to communicate with the child (or to provide for the care and support of the child) for a period of one year or more.

    This can be any one year period, but even if the Court finds that his consent is necessary it must still find that the adoption is in the best interests of the child. So, if he starts communicating with the child, the Court may find that the proposed adoption isn't in the best interests of the child because they now have a relationship.

    So, you just have to look at all of the specific facts in your case at the time that you decide that you and your future husband wish to proceed with the adoption as each case is different - and sometimes different judges will have different views on what is or is not in the best interests of the child given those facts.

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  • Can I get an annulment.?

    Me and my wife have been married less than six months and she said she is not in love and was a mistake. Can We get it annulled out do we need a divorce we have no children together.

    Scott’s Answer

    There is a common misconception that spouses can have their marriage annulled if they have been married for less than six months. In most states, that is not true.

    An annulment means that the marriage was not valid for some reason -- such as one of the parties was not capable of entering into the marriage contract or the parties found out they were too closely related, etc.

    If the marriage was a valid marriage, any dissolution of the marital bonds must be by a decree of divorce -- and note that in Arkansas you need to be able to prove grounds for divorce.

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  • My x wife says it is not legal for my girlfriend of 9 months to stay overnight w my kids or allow us to go on trips, etc.

    There's nothing in the divorce that states that. She has custody of kids. I get them every wed and every other weekend. She says until I get married she will have a problem w it.

    Scott’s Answer

    While it's common for decrees to contain a prohibition against having romantic partners spend the night when the children are present, it isn't "illegal" per se.

    It may be worthwhile to see if you can work out a resolution between you and your ex-wife that you can both live with.

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  • How to prove No contact for a year

    I have a 7 month old daughter and my husband wants to adopt her, because her father never sees her or pays support. A lawyer told us there had to be no contact for a year, but that we couldnt deny him if he asked and that count. So, How do I prove...

    Scott’s Answer

    It appears you are asking a lot of different questions is in different posts (I may be wrong, but appears that there a number of posts from the same person).

    Rather than trying to get bits and pieces of information, you would be better off scheduling an appointment with an attorney so you can have all of your concerns presented and addressed at once.

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  • Can I request the father of my child to get a psychological evaluation.

    My daughter's father is not on the birth certificate (husband is). I beleive or he says that he is going to request for paternity and visitation and all that which is fine. He has a very long list of felony charges on his record. theft, drugs, chi...

    Scott’s Answer

    If you have a good faith basis that the biological father is impaired mentally and/or emotionally you can file a motion with the Court requesting that he under a psychological evaluation.

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  • Requesting paternity

    My husband is on my daughter's birth certificate. The biological now wants to be her legal dad. If we all agreed to do, how do we change this? Or is it to late? She is 7 months old. Or is their any way for my husband to remain her legal dad, but t...

    Scott’s Answer

    A lawsuit to establish paternity can be filed in the Circuit Court and, if mom and dad are in agreement on everything they can submit a proposed decree to the Court establishing that biological father is the dad, as well as visitation and support. The decree can include a provision that a new birth certificate be issued to reflect the paternity of the child.

    If nobody ever does anything to establish paternity, then you could always allow the other gentleman to visit with the child if you thought such was appropriate, there isn't really any need for you to incur a legal obligation even if you could.

    If your husband isn't the biological father of the child, he may have some interest in getting paternity straightened out as well.

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  • This may be a bit too far but I'm trying to get my wife to notarize a document stating that she agrees to have a baby together

    She tends to get in trouble often but she is incarcerated and has to undergo surgery to have a baby and I want a document notarized before she gets out. The document will state that she agrees to have a baby or pay a cost for support that I've bee...

    Scott’s Answer

    With the caveat that I have not researched this before, I have serious doubts that this would have any legal enforceability in that I believe the courts would find this type of agreement to be against public policy.

    Aside from that, I agree with Mr. Wilton. While I realize that this isn't your intent, the whole situation begs for bringing a child to the world with a destiny of hardship and heartache. Things are tough enough for kids these days without purposefully bringing them into a situation like this.

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  • If you have 90 daz to have a hearing for custody and the other parent gets deployed will the time expire or not?

    Will my legal custody expire or do the daz stop and continue once I she returns from deployment

    Scott’s Answer

    Your query doesn't have anywhere near enough information to answer your question.

    Gather up any court/custody documents you have and set up a time to meet with a family law attorney, preferably one who has familiarity with the Servicemembers Civil Relief Act.

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  • How fast could i get law enforcement to arrest or investigate my roommate who is in arkansas,but is a fugative from california.

    I live in jacksonville arkansas and recently let a friend from work live with me.he has been here for about 2 mnths now and has recently bren acting strange.he finally told me he is on the run for several federal counts including counterfit of sev...

    Scott’s Answer

    Your roommate threatened to kill you if you said anything about him, and so you posted his name, date of birth, and all of this other information on a public forum?

    If he refuses to vacate the home, change the locks the next time he leaves and make arrangements for him to get his personal property. If you really think he's a fugitive, you can advise law enforcement.

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