Scott Allen Scholl’s Answers

Scott Allen Scholl

North Little Rock Family Law Attorney.

Contributor Level 18
  1. Can noncustodial father keep me from moving out of state with our son?

    Answered about 1 year 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

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

    Answered about 1 year ago.

    1. Aaron Scott Hill
    2. Scott Allen Scholl
    3. Rixon Charles Rafter III
    4. Peggy M. 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

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

    Answered about 1 year 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

  4. Car mart is suing me and i had a cosigner and she took the car

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Oswald Claude Sparks
    3. Christine B. Adams
    3 lawyer answers

    Your post doesn't pose a question. However, the creditor can still hold both you and/or the co-signor liable for any deficiency - the difference between what they are able to recover from the sale and the amount due.

    5 lawyers agreed with this answer

  5. Can a court force me into joint custody with my son's mother?

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Alan James Brinkmeier
    3. Jeffrey Bruce Gold
    4. Michael T Warshaw
    4 lawyer answers

    The Court is charged with entering custody/visitation orders that serve the best interests of the child. Of course that does mean that if you go back to court you need to be able to submit proof of why certain orders would be in the child's best interests. It appears by your post that there may be some procedural issues that need to be dealt with, and so I would highly recommend that you get an attorney to not only determine the best strategy moving forward, but also to look at the current...

    5 lawyers agreed with this answer

  6. If I fill out or sign a legal document and they do not receive it until after the 1st of the new year does that make it invalid?

    Answered about 1 year ago.

    1. Scott Allen Scholl
    2. Christian K. Lassen II
    3. Malosack Berjis
    3 lawyer answers

    Typically, signing is effective as of the time of signing. It's not clear by your post what you are signing, so you may want to have an attorney look at it. If this is something that the other party prepared for you, and you are "waving rights of paternity" thinking you will be relieved from the obligation to pay child support you might find yourself liable for a large sum of retroactive child support years down the road.

    5 lawyers agreed with this answer

  7. WAS ATTACKED BY MY DAUGHTER WHAT WILL IT COST TO GET AN INJUNCTION TO KEEP HER AWAY, I AM IN ENGLAND

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Jeffrey Ira Schwimmer
    3. Francis John Cowhig
    3 lawyer answers

    It is common for questions pertaining to the nation of England to appear in this forum for the City of England - a small town in Arkansas, U.S. If that is the case, you will need to ask your question in a U.K. forum inasmuch as laws and procedures can be quite different between the two jurisdictions. If you are in England, Arkansas, you can ask that your daughter be charged with assault or any other crime that the police/prosecutor believe the facts warrant and as part of those proceedings...

    5 lawyers agreed with this answer

  8. Can a 16 year old female decide that she wants to be adopted by her step-father when her father has been paying child support?

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Joshua Sanford
    3. Alan James Brinkmeier
    3 lawyer answers

    She cannot decide, but she would have to consent. Even if she consents, it is up to the Court to determine whether or not the biological father's consent is necessary and whether or not the adoption would be in her best interest. The consent of the biological father is not required if he has significantly failed, without justification, to communicate with the child to have OR pay support for a period of one year or more. That means in the situation you queried is whether or not there...

    5 lawyers agreed with this answer

  9. I am typing up a last will and testament for my mother, who is 85, competent and not in good health. I have a few questions.

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Aaron Scott Hill
    3. Lee Alan Thompson
    3 lawyer answers

    First, she may want to check with attorneys. Many attorneys will draft a simple Will for a minimal sum, and it would be worth the peace of mind of knowing that it was done correctly. The problem with DITY legal kits is that they are buyer beware products, and if you knew enough about the law to evaluate the quality of the product, you wouldn't have needed to buy it. As to listing the names of the children, it is a question of what is required versus what is good practice. For example,...

    5 lawyers agreed with this answer

  10. I am a 18 year old female, i seek justice.Throughout my childhood between the ages of 3 to 14 i was sexually and mentally abused

    Answered over 1 year ago.

    1. Scott Allen Scholl
    2. Aaron Scott Hill
    3. Christian K. Lassen II
    4. Michael David Myers
    5. Stephen Ross Cohen
    5 lawyer answers

    Mr. Hill gave great advice, but one aspect of your post that I am not certain of is whether or not the abuser was ever charged criminally. You noted that he has never gone to jail, but not whether he didn't go because he was never charged or because it was charged, tried and then acquitted or received a sentence that did not involve incarceration. However, even if he was acquitted of a criminal charge, you may still be able to bring a civil suit against him. Go ahead and use the lawyer...

    5 lawyers agreed with this answer

We're ready to help. Contact us for an appointment.

501-588-3356