Legal Question in Family Law in Arkansas

Re: Visitation and Custody

As long as one parent and/or child remains in AR, the jurisdiction of the Court is AR. Once both have moved out of AR, then what makes the decision is where the child's perminant residence has been for the 6 months previously.

What you have is a contempt of Court issue. You need to have all of your facts together and go back to Court. Understand that visitation and child support are not connected. She cannot withold visitation because she does not get her money or because it is not as much as she would like. If Hubby is in the military, then his Class Q allotment should be going to the state every month and should be forwarded to her. If for some reason, he is behind on child support, then she can claim a defense of unclean hands, but basically the judge will order her to get her ducks in a row and allow visitation.

As a side note, when you go for visitation and she will not let you see the child, take a copy of your visitation order to the police and charge her with "interference with visitation". That may be enough to get her attention since she will not like being charged with a crime. Some police departments will tell you that it is a civil matter and they cannot do anything. Ask them to look up the following statute:

5-26-501. Interference with visitation.

(a)(1) A person commits the offense of interference with visitation if, knowing that he or she has no lawful right to do so, he or she takes, entices, or keeps any minor from any person entitled by a court decree or order to the right of visitation with the minor.

(2) A person claiming interference with visitation shall provide a copy of the signed court order or decree regarding custody or visitation rights to a law enforcement officer as proof of the interference with visitation.

(b)(1)(A) Interference with visitation is a Class D felony if the minor is taken, enticed, or kept outside of the State of Arkansas.

(B) Otherwise, it is a Class C misdemeanor.

(2) Any person who has pleaded guilty or nolo contendere to, or is found guilty of, interference with visitation more than two (2) times shall be guilty of a Class A misdemeanor.

(c) It is an affirmative defense to prosecution that:

(1) A person or lawful guardian committed the act to protect the child from imminent physical harm, provided that the defendant's belief that physical harm was imminent is reasonable and the defendant's conduct in withholding visitation rights was a reasonable response to the harm believed to be imminent;

(2) A person or lawful guardian committed the act based on a reasonable belief that the person entitled to visitation would remove the child from the jurisdiction of the court;

(3) The act was committed with the mutual consent of all parties having a right to custody and visitation of the child; or

(4) The act was otherwise authorized by law.

Re: Visitation and Custody

The jurisdiction for this case will remain in Arkansas. There are tings that you can do however. When the child is visiting, you might get an emergency Texas order giving you temporary possession based upon physical abuse, but you had better be able to prove the abuse. Ultimtely, this will end up back in Arkansas. If you get the Texas Child Protective Services agengy interested, or even the equivalent Arkansas agency, they may be able to provide help.

In Arkansas, you can enforce the possession order in court. The child support issue is irrelevant. If you caqn prove that the mother is lying about you and your husband and that the child is physically abused, you might have a case to modify the primary conservatorship.

You need to talk to an attorney in Arkansas to ascertain the law there.