Kevin Richmond Holmes’s Answers

Kevin Richmond Holmes

Van Buren Personal Injury Lawyer.

Contributor Level 10
  1. Is it possible for the victim to drop domestic violence charges against husband in state of Arkansas?

    Answered over 5 years ago.

    1. Kevin Richmond Holmes
    2. Peter Christopher Lomtevas
    2 lawyer answers

    Depending on the circumstances, it may be possible to drop domestic battery charges. The Prosecuting Attorney may require you to sign a release that you want to drop the charges so that you can't come back later and accuse them of not providing assistance. You could also ask the prosecutor to take the charges "under advisement" with the condition that he complete the counseling classes and upon completing the counseling classes and providing the certificate to the court, the charges would be...

    1 lawyer agreed with this answer

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  2. What is my legal standing if I surrender my auto?

    Answered over 5 years ago.

    1. Kevin Richmond Holmes
    1 lawyer answer

    Surrendering the vehicle is no different than having it repossessed, with the exception that you may not have some additional charges associated with the finance company having to hire a repo company, etc. Ultimately, the car will be sold, and the money applied towards the note. If the sale does not cover the remaining balance owed (which I can almost guarantee it will not), you will owe what is called a deficiency, and the finance company could sue you for the difference. If you are able to...

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  3. I have a question dealing with child support and child custody....

    Answered about 5 years ago.

    1. Kevin Richmond Holmes
    1 lawyer answer

    Child support has no connection to child visitation or child custody. So if you hadn't paid a dime in child support, you can not be denied visitation by the custodial parent. All the allegations you outlined in your intial post are disturbing, and could certainly be used against him in a change of custody motion. Any time a parent tries to interfere with the other parent, a Judge can consider taking custody away from the parent.

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  4. What do I do if my partnership has dissolved and I want to add my new husband?

    Answered about 5 years ago.

    1. Kevin Richmond Holmes
    2. Christopher Dewitt Brockett
    3. Okorie Okorocha
    3 lawyer answers

    Normally, if you are dissolving a partnership, the partnership will not exist anymore and you will not be able to "add" anyone to the partnership. If you want to create an S corporation, you will need to incorporate and declare yourself an S corporation with the IRS. At that point, you and your husband can both own the S corporation, and you have accomplished what you wanted. You might also consider an LLC, it has the same tax advantages as an S corporation but provides much more flexibility...

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  5. How far back can a mother ask for back child support if the child's parents were never married

    Answered over 5 years ago.

    1. Kevin Richmond Holmes
    1 lawyer answer

    A Petition for Paternity must be filed first. Legally, until a Judge says that the biological father is the legal father, the dad has no legal rights to the child, nor any legal obligations. In the Petition for Paternity (no DNA test is necessarily required), the Court will establish custody, visitation and support. Most Judges will only give the mother child support from the date the Petition is filed. Courts do not condone mothers waiting 5 years to seek child support and suddenly the...

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  6. Credit card summons to collect debt

    Answered over 5 years ago.

    1. Kevin Richmond Holmes
    2. Margery Ellen Golant
    2 lawyer answers

    It is unlikely that you would get the case dismissed simply by filing a Motion to Dismiss based on the Fair Debt Collection Practices Act (FDCPA). However, you do have a cause of action against the collector for violations of the FDCPA, so you need to file a counterclaim, seeking damages. The FDCPA provides for a $1,000 statutory "automatic" type damages on top of what else you can show (attorneys fees, costs, etc.) I have had some experience in winning these type cases in the past against...

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  7. What can my husband do to stop his kids from going through this? Is there something he can file to keep her from coming around?

    Answered 11 days ago.

    1. Scott Allen Scholl
    2. Kevin Richmond Holmes
    3. Brian Thomas Burke
    3 lawyer answers

    In Arkansas, if the non-custodial parent has not seen the child(ren) for a period of one year OR paid support (not both), then it may be possible to terminate the non-custodial parent's right without her consent via adoption. Your husband could do a single parent adoption, or you could adopt in the mother's place. It is not an easy process, and the mother could put up a fight with no guarantees that you could win, but it might be worth a shot.

    1 lawyer agreed with this answer

  8. We're in Arkansas & a judge has awarded visitation back to the father of our 7 year old granddaughter.

    Answered 28 days ago.

    1. Kevin Richmond Holmes
    1 lawyer answer

    Parents are favored over grandparents, aunts/uncles, etc. While it may seem shocking that the Judge would permit visitation, he is allowing the most restrictive visitation he can (supervised visitation). It is very rare for a Judge not to allow even the most restrictive visitation between a parent and a child.

    1 lawyer agreed with this answer

  9. My fiancé his ex lost custody of their children. Friends now have temporary custody. How can he get custody?

    Answered 28 days ago.

    1. Scott Allen Scholl
    2. Debra Joan Cheatham Reece
    3. Kevin Richmond Holmes
    4. L. Vincent Ramunno
    4 lawyer answers

    The Court's will ultimately favor a parent over a non-parent (even relative), if the Court determines it is in the best interest of the child to be returned to the parent. It sounds like the Court likely gave the friend temporary guardianship, which is not that difficult to get changed, but he will need an attorney.

    1 lawyer agreed with this answer

  10. What will my sentence be for criminal miscief and class b misdomener

    Answered 9 months ago.

    1. Kevin Richmond Holmes
    2. Patrick Lewis
    3. Alexander M. Ivakhnenko
    3 lawyer answers

    The highest class of misdemeanor in Arkansas is a Class A, which is punishable by up to a year in jail and up to a $1,000 fine or both. Very unlikely you'll get any jail time (possibly some suspended jail time) and a fine. Feel free to give me a call and we can try to help you.

    1 lawyer agreed with this answer