Legal Question in Family Law in Arkansas
Home State
In the UCCJA it says that ''Home State'' means the State in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than six months of age, the term means the State in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
Heres my problem. I have three kids, the mother ran off with the kids for 2 months, and which time the father removed 2 of the kids and return them back Home... 14 days later she filed for Divorce, and Custody of the Children, I am not fighting the Divorce. my question is can she do that and not have lived in Arkansas, for 6 months. It has been 6 months Now, but at the time the papers were filed, it was less than 2 months.
And 2 of the children has been living with me all this time.. And All kids were born and raised in Texas. Can Arkansas, decide who can have custody of the kids? seeing that at the time the papers were filed they had only lived there for less than 2 months?
Thank u for your Time...
1 Answer from Attorneys
Re: Home State
Arkansas can give her a divorce IF they can get jurisdiction over you. Did you ever live together in AR? As to custody, the court cannot rule as TX is the home state BUT you have to raise the question ... call us if we may be of service.
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