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Scott Allen Scholl
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Scott Scholl’s Answers

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  • How can I terminate my ex's visitation rights?

    We were unmarried when she was born so in my states automatically got full custody. He took me to court visitation rights so his mother could have her, he said this to me himself. His mother picks her up, takes her to her home and brings her back....

    Scott’s Answer

    You're not going to be able to terminate his parental rights unless it is in connection with an adoption. Sometimes a parent can adopt their own child to accomplish this goal. Your post stated that he pays support when he wants to, but isn't clear as to whether he has gone for a sufficient period of time to allow an adoption to go through without his consent.

    I concur with Mr. Hamman that you may be able to have his visitation suspended or terminated (which is not the same as terminating parental rights), but see a red flag in that it appears you have been to court a number of times. You can't go back and re-litigate issues that you've previously lost on, so if you child is important to you then you will need to have an attorney assist you. Otherwise, if you try to represent yourself you may end up digger yourself deeper into a hole that you can't get out.

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  • How do I obtain custody of my daughter after signing over guardianship?

    Last year, I signed a waiver to consent guardianship of my one year old daughter. I did it because at the time I was struggling with addiction, and never would have signed those papers, but I was under the influence heavily at the time, I signed i...

    Scott’s Answer

    You will need to petition the Court to terminate the guardianship. How to do this and how difficult it will be will depend on the language of the order appointing the guardian. In a nutshell, it is much easier if the Court did not make a finding as to whether or you were a fit parent and much more difficult if the Court did make a finding that you were unfit.

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  • What can I do

    My 2 year olds father refuses to co parent, but since we have been separated I've always allowed my son to go over there on the weekends, as I didn't want to make him suffer for my choice. But they moved and now live an hour away, for the past 5 m...

    Scott’s Answer

    Because you and the father were never married, you have custody of the child unless and until a court enters an order stating otherwise and, unless he has gone to Court to establish his rights, the father does not have any rights to the child.

    So, while you should be commended for trying to foster the father-child relationship without the need of a court order requiring you to do so, if the father and his family cannot cooperate with you, or withhold your child from you when you ask for him to come back, then you can simply refuse to allow him to pick him up anymore. If they will not return your son to you, you can go pick him up when you wish and you can ask law enforcement to accompany you to help you pick him up.

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  • How do I get my deeds to property I paid for,they wouldn't release it to me

    Deeds

    Scott’s Answer

    Your post doesn't include enough information for anyone to give a meaningful response. What deeds? Who won't release them? Why aren't they releasing them? Release them from where? What relationship do you have to the property described in the deeds?

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  • What can I do about my ex wife not letting me see my kid when she has full custdoy

    My ex wife has full custody of my kid I haven't been paying child support because she said I didn't need to noe she is treating to take me to court over it and refusing to let me see my kid

    Scott’s Answer

    If you are court ordered to pay support, you need to pay support even if the other parent tells you that you don't need to. If there is a reason not to pay support you need to get an order from the Court stating that you do not need to pay support.

    Consult with an attorney to see if a strategy for an equitable defense can be made for you.

    Visitation cannot be withheld by one parent just because the other parent isn't paying support (they would need a court order to suspend visitation if there is a reason to stop visitation, and non-payment of support isn't a reason), just as a parent cannot stop paying support because the other parent isn't allowing visitation.

    Your attorney can help you file a counter motion to enforce or establish your visitation rights.

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  • Same state and city can i get joint custody?

    My ex and i were never married and nothing court ordered. Dna was done by court. I've been married 4 years have 2 kids with my wife a 3 and 1 year old daughters.I just moved back to Arkansas 3 months ago after getting out of the military. I unders...

    Scott’s Answer

    It doesn't appear from your post that you have a sufficient material change of circumstances to modify custody, but I would suggest you have someone look over the order to see what other relief you might be able to get (i.e., specified visitation or increased visitation time, etc.). You may also want to look at whether having to pay child support plus all those other expenses are still appropriate or if the support orders can be modified.

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  • Can my son change the birth cert name for his baby. Paternity test was done but they are not married

    my sons girlfriend left him and took their baby. He is'nt on the birth cert because she was married to another at the time. My son made sure it was his baby by paternity test. How can my son get his last name on birth cert?

    Scott’s Answer

    He will need to file a lawsuit to have his paternity of the child established by a Court. When the Court enters its decree declaring your son to be the father, it can also order that the State change the child's birth certificate to reflect that your son is the father (and change the child's surname if the Court deems that to be appropriate).

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  • Do I need an attorney to file for custody

    So I have a 2 year old daughter and I let her stay with her dad (my ex boyfriend) till I got on my feet. No custody was set. It was just mutual. Well I'm a ready for her back now and he's fine with that. On my way to get her his mother took her. ...

    Scott’s Answer

    Ark. Code Ann. Sec. 5-26-503 does make what the grandmother is doing a criminal offense, referred to as "Interference with Custody." Trying talking to a more senior officer.

    With that said, you may want to start getting funds together to hire an attorney as it would seem likely that the grandmother will end up filing a civil lawsuit for guardianship/custody of the your child, and you don't want to leave to luck any case involving the custody of your child.

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  • Can one parent deny a child participation on a sports team if the other consents?

    I run a youth football league for 7th graders and I received an email today from the father of one of the players saying he doesn't give consent for the child to participate. The father lives in MD and the child and his mother live here in AR. I h...

    Scott’s Answer

    It depends on what type of custody the parents have. While it would seem safe to assume that Mom has primary physical custody if she and the child live in Arkansas and Dad lives in Maryland, it would still be possible that the order granting custody has something in it about the ability of one parent or the requirement of both parents to consent to the child to participate in sports activities ---- and I'm sure you've heard the cliche about what happens when you assume something.

    You can advise Mom that you received the email from Dad stating that he does not consent for the child to participate, and inquire about the custody orders.

    It's unfortunate for the child, but even if the order doesn't explicitly state that only one parent's consent is necessary, you have to question whether you want to get in the middle of it and so you can ask the mother to get it cleared up.

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