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Scott Allen Scholl

Scott Scholl’s Answers

3,479 total

  • The father of my child is harassing me. Can I file harassment charges or get a restraining order?

    We were never married but he is on the birth certificate and has signed an affidavit of paternity at the hospital. There's no court filed visitation or custody agreement. My child is in my care. He does not pay child support. He is threatening ki...

    Scott’s Answer

    You may have enough for an Order of Protection or for criminal harassment charges, but just from your post it's difficult to tell.

    He has absolutely no basis for filing kidnapping charges, even if you had taken your child out of state because you have custody and there aren't any court orders restricting your travel with the child.

    The other issue, however, is the visitation with your daughter. Because you were never married and the Court has not adjudicated paternity and established his visitation rights, so you can set whatever reasonable boundaries you may feel appropriate to safeguard your child's safety and best interests. It would be a good idea to document any threats or actions he takes that shows that unrestricted visitation would be contrary to your daughter's best interests.

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  • Do I have rights to my car since I have made all payments and insurance in my name even though husband only name on title?

    My father wrote a check to me for $20,000 for a down payment on a car. I was sick the day we were getting the car and so my husband went and got the car which means the title was put in his name only. I have made every payment on the car and have ...

    Scott’s Answer

    The starting point will be a presumption that the car is marital property, and then you can present evidence to show that you received the $20,000.00 down payment as a gift from your father and that when the Court divides property it would be most equitable to award you the car . . . . especially if your husband cannot service the debt remaining on it.

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  • If I have temporary custody of my grandchildren; what is the best way to get full custody.

    My daughter, their mother is currently in prison on a drug charge. I have had temporary custody for almost 2 years. The 10 year olds father (paternity never established) has had a cheek swab done; threatening to try for full custody-he wants to se...

    Scott’s Answer

    First, I would advise having an attorney review your custody documents to determine what type of custody you have (a temporary guardianship doesn't last for two years), whether biological dad had notice of the earlier proceedings, etc., inasmuch as what happened before will affect how you will want to proceed from this point forward.

    You do, however, need to get a final/permanent order.

    If the children want to see their father, but haven't ever had a relationship with him, something may be set up for a "graduated visitation," meaning short periods right at first until the children know him better and feel more comfortable spending time with him.

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  • How do I file for full custody in Arkansas? Fully, I ask for all steps required. Including who to contact and paperwork needed.

    Divorced in 2006. Oldest child approaching age 12 (Oct 5). Mother has full custody. There has been continuous dispute over parenting, communication, visitation, custody, and child support. Mother now lives in Nashville, TN. She is a contract emplo...

    Scott’s Answer

    You are not going to be able to get any useful advice off an Internet forum on something like this. While Avvo is a great tool for general Q&A, there are way too many variables to try and give anyone case specific advice. Basically, you are giving someone three pieces of a 1500 piece jigsaw puzzle and asking them to tell you what the picture is.

    Give yourself a frank assessment. If you do not know the answer to the simple question of what paperwork to file, how good of a job do you think you will be able to do when things get complicated? Hire an attorney to evaluate and pursue the case on your behalf. Otherwise you will be doing yourself more harm than good.

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  • Separation or divorce

    if im considering separating or getting divorce from my husband and we have a 4 year old, does he have to leave the apt we both pay rent for? or do i have to leave? because he wont leave even though it all seems like its more than likely the end o...

    Scott’s Answer

    Sometimes one of the issues before the Court will be who will have possession of the marital home pending final adjudication of the divorce and the issues related to the divorce.

    You may need a temporary hearing to set child support and take care of the financial needs of the family anyway, but in a situation in which you are renting an apartment, it may be beneficial to explore other options that may be more cost-effective - such as just getting a new apartment for you and your child.

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  • Can a judge rule to keep me from dating a felon

    5 years ago my boy friend got charged with a drug felony he serverd two years and got out on good behavior and has been clean for a year he is good to my chidren and we have been together for 6 my ex is obsessed with me and refuses to let me be ha...

    Scott’s Answer

    To expound on Mr. Dowden's response, in a custody matter there is a number of considerations that have to be taken into account. For example, there is a significant difference in whether the felony was a possession charge or something related to pedophilia, and of course time since the conviction any rehabilitation since then may make a difference.

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