Legal Question in Family Law in Arkansas
Temporary Custody
My son's wife left on day while he was hunting. They have a 1 1/2 yr. child. A few weeks later after her refusal to return, he filed for divorce and received temporary custody. She contacted an attorney and he advised her of the paperwork that had been filed, the court date and advised her to return the child to the state to her father immediately (as that is what the papers say). Since that time, he has been out of contact with her and her family say that she is no longer living there. She is also pregnant. I have recently found out that in fact, she is living with her aunt in Texas and has been this whole time. We have been unable to serve papers on her because of her avoiding being served. The court date is in 1 week. What will happen if she does not show up? She has not been officially served, but is aware of the paper work. She did not retain the attorney, but he has sent a written affidavit of his involvement in the case and given it to my son's lawyer. We have not seen the baby since the weekend after Thanksgiving. Also, there is no abuse involved. She did not like her ''lifestyle'' anymore and wanted to live in a bigger town.
1 Answer from Attorneys
Re: Temporary Custody
The judge would have several options as to what to do if she does not show up. Since your son has an attorney, I would contact him and ask that question. His attorney would have a better idea of what this particular judge may do.