Legal Question in Family Law in Arkansas
rights of non-custodial step-parent
When my sister T married M 9years ago, they tried to get custody of his then 3yearold from his (m) parents. They contested and retained custody. When M's mom passed a couple of years ago, they again wanted custody and were denied. Now that dad has remarried and the child is getting older and out of control, he no longer wants custody. The catch is: M is out of the country working, leaving T at home with their 3 children. M's dad, w/o giving custody, left the child with T and left the state, ''on vacation'', and insists that T take care of the child (in spite of being a mother of 3 with a fulltime job and husband out of the country). T cannot handle this situation. She doen't want to hurt the child, but legally can't even get medical help if needed. What can she do? Can this be construed as abandonment on the part of the Granddad?
1 Answer from Attorneys
Re: rights of non-custodial step-parent
Assumung that the couple wants custody of the child, then they need to file an emergency custody action. What flavor depends on what went before and how Grandad got custody. You really need to be talking to an Atty face to face. If I may be of help, please call me. Otherwise get a family law lawyer in your area and do something!