Family Law

Family Law Attorneys

in Saline County and Central Arkansas

Jensen Young & Butler Manages a Multitude

of Family Law Matters

More often than not, family law matters are characterized by contention, emotional turmoil, and sheer exhaustion. Knowledgeable and seasoned lawyers can significantly alleviate these challenges, ensuring a more manageable experience. A proficient family lawyer possesses the ability to swiftly grasp the situation, offer sound legal advice, and efficiently guide you through the process.


At Jensen Young & Butler, PLLC, we comprehend the intricate web of emotions that families often find themselves entangled in. Consequently, we provide our clients with utmost compassion, support, and exceptional legal care. With over 60 years of combined experience as family law attorneys, our firm exhibits remarkable proficiency across a broad spectrum of family law matters. These include divorce, asset division, child custody and visitation, adoption, dependency neglect, and guardianship.

Achieve the Results you Want With Jensen Young & Butler, PLLC

Whether you seek to adopt a child, establish a prenuptial agreement, or navigate the intricacies of divorce proceedings, our team of lawyers is committed to providing comprehensive assistance. At our firm, we specialize in guiding families through the complexities of the Arkansas legal system, ensuring favorable outcomes. We possess the expertise to facilitate successful adoptions, enabling the child of your choice to join your family. Additionally, we excel in crafting prenuptial and divorce agreements that meet your utmost satisfaction.

Divorce Law in Arkansas

Our Saline County divorce lawyers offer comprehensive assistance, prioritizing settlement negotiations while being prepared for court representation if necessary. With extensive experience and expertise in divorce cases, we protect your rights and address matters such as alimony, child custody, child support, and asset division. Our skilled negotiation ensures utmost protection for you and your children, both inside and outside the courtroom. We provide compassionate support during this emotional process and strive for a smooth and efficient resolution. Trust us to account for all assets and establish practical custody arrangements that prioritize the best interests of your children.

Division of Assets

What is Marital Property?

In cases where both parties fail to reach an agreement on property division during divorce, the court may intervene. However, it's important to note that the court's authority is limited to dividing marital property. Marital property generally refers to assets acquired by either spouse after the marriage, which can include vehicles, furniture, retirement accounts, and even pets.


It's worth mentioning that separate property, such as assets owned prior to the marriage, gifts, inheritances, and specific workers' compensation and social security benefits, are not considered marital property. However, at Jensen Young & Butler, PLLC, we often encounter complexities in distinguishing these exceptions, especially when couples merge their assets, such as separate bank accounts and retirement savings, during the marriage.

How is Marital Property Divided?

In Arkansas, the court engages in "equitable distribution of the property," which typically entails an equal division of marital assets unless deemed unfair. If property is divided unequally, the court must provide a basis and rationale for the decision. Factors considered may include the duration of the marriage, parties' age, health, occupation, income, skills, liabilities, and needs, as well as contributions to property acquisition and the tax implications of division.


Disputes regarding these factors often arise in divorce cases, necessitating the assistance of a divorce lawyer. At Jensen Young & Butler, PLLC, we are dedicated to achieving a mutually beneficial outcome that safeguards your best interests. Through negotiation, we strive to reach a property settlement agreeable to all parties. However, if litigation becomes necessary, we passionately advocate on your behalf to secure the most favorable resolution.

Child Custody and Visitation

Efforts should be made by spouses to resolve custody disputes through informal negotiation, as parents possess the best understanding of their children. However, there are instances where court intervention becomes unavoidable. Regardless of the outcome, effective communication between you and your ex-spouse will be necessary throughout your child's life. Thus, it is beneficial to work cooperatively in devising a reasonable and mutually supportive custody and visitation arrangement.


In divorce proceedings, custody determinations are made solely based on the welfare and best interests of the child, without consideration of the parent's gender. If the child is of sufficient age and capacity to reason, their preference is taken into account, regardless of chronological age. Under Arkansas divorce law, the court may also consider factors such as the willingness of each party to facilitate regular contact between the child and the noncustodial parent and grandparents, allegations of domestic violence involving the parent or child, and the presence of a sex offender in the household.

 

Child Visitation During Divorce

Divorcing or divorced parents should collaborate to establish a personalized parenting plan that caters to their child's schedule, lifestyle, and specific needs. Once the visitation schedule is reasonable, the court will grant approval, making it an official court order.


When the court is involved in determining visitation, it takes into consideration the child's best interests, including their preferences. A typical visitation order often includes weekends for the noncustodial parent, alternate holiday arrangements, and extended periods during school vacations. However, parents have the option to request additional visitation time with the child if desired.


In certain situations, a parent may request visitation restrictions to ensure the child's protection. While courts generally aim to maintain some level of parent-child contact, they may order supervised visitation. This involves regulated contact between the parent and child in the presence of a third party. Such arrangements are commonly implemented in cases involving a history of abuse, substance use, or prolonged absence by the parent.

Custody of a Child Born Outside of Marriage

Child custody disputes can arise in situations beyond divorce proceedings. In cases where a child is born to unmarried parents, legal custody is typically granted to the mother unless otherwise ordered by the court. However, if the biological father has established paternity, he has the right to petition the court for custody of the child. The court may grant custody to the biological father if he can demonstrate the following:


  • He is a capable parent who can provide for the child's upbringing.
  • He has fulfilled his responsibilities by offering care, supervision, protection, and financial support to the child.
  • Awarding custody to the biological father is in the best interests of the child.

Custody and Visitation Rights for Grandparents

Under Arkansas law, grandparents possess significant rights. Regarding custody, grandparents have the right to present their case during child custody proceedings involving a child under 12 months of age if the following conditions are met:


  • The grandchild has resided with the grandparent continuously for a minimum of six months.
  • The grandparent has been the primary caregiver and financial supporter of the grandchild during their time together.
  • The grandchild has resided with the grandparent for a consecutive period of six months within one year before the custody proceeding.
  • For a grandchild who is 12 months of age or older, the residency requirement extends to one year.


Additionally, grandparents and great-grandparents can petition the court for visitation rights if the parents' relationship has ended due to death, divorce, legal separation, or, in the case of unmarried parents, if the petitioner is the maternal grandparent or has confirmed paternity through a test. If the child's parents restrict or deny visitation, the court will consider their decision to be in the best interest of the child, unless the grandparents can demonstrate an established relationship with the child that is deemed beneficial for the child to maintain.

Adoption in Arkansas

Our Qualified Lawyers can Help you Navigate the Adoption Process

Adoption is a complex legal process, even in uncontested cases. An experienced and compassionate adoption lawyer can guide you through the necessary steps and address any inquiries you may have. The typical adoption procedure involves the following key stages:


Petition for adoption: The prospective adoptive parent must submit a formal petition to the court clerk.


Consent or waiver of consent: While it is preferable for the biological mother and father to provide their consent, the court may determine that it is not required if their parental rights have already been terminated.


Certified statement from the Putative Father Registry: In cases where the child to be adopted was born to an unmarried woman, a statement is necessary to confirm that no information about the alleged father is registered with the state's registry. If any information is listed, the petitioner must affirm that they have been notified.


Home study: Arkansas mandates an assessment of the petitioner's suitability, typically conducted by a child welfare agency or a social worker who evaluates the appropriateness of the home environment. However, this study may be waived for relative adoptions.


Hearing and placement: If the court determines that the adoption requirements have been fulfilled and that it is in the best interests of the child, it will order the adoption and proceed with the placement.


Final adoption decree: The child must reside in the adoptive home for at least six months after placement or for at least six months after the adoption petition is filed (with the exception of stepparent adoptions). Following this period, the court issues the final decree, legally establishing the parent-child relationship.

Consent From the Biological Parent

In Arkansas, the consent of the biological parents is typically necessary for adoption, but there are important exceptions to consider. Absentee parents who have not had contact with the child or fulfilled their child support obligations may not need to provide consent. Another common exception arises when parental rights are terminated by court order, often initiated by the Department of Human Services (DHS) or Child Protective Services (CPS). Additionally, it is crucial to recognize that children aged 12 or older must personally give their consent in open court.

Dependency Neglect

Protecting the Best Interests of a Child in Abuse or Neglect Cases

Child abuse and neglect allegations carry significant weight in Arkansas, and at Jensen Young & Butler, PLLC, we prioritize your case with utmost care and dedication. As experienced family lawyers in Saline County, we possess a deep understanding of the legal system and strive to identify the optimal resolution for your dependency neglect case.

When Your Child Has Been Taken Away From You

Upon receipt of an allegation, the Department of Human Services initiates an investigation that may result in the removal of the child from their home. Written notification will be provided by the court if your child is taken into custody. Throughout a series of court hearings, you have the opportunity to present your side of the story and demonstrate to the court that the child can safely reside with you. During the adjudication hearing or trial, the court determines whether the child has suffered abuse or neglect. It is also at this time that the court decides, in the best interests of the child, whether they should remain in the Department of Human Services' custody, be placed under the care of another individual, or return home. Additionally, the court approves a service plan to be provided by the assigned caseworker to you and your child.


Over the following months, review hearings are conducted by the court to assess the child's status, the progress of the case plan, and the resolution of the underlying issues that led to the investigation. The court has a 12-month period to hold a separate hearing to determine a permanent placement for your child. During this process, the court takes into account the recommendations of the caseworker and other pertinent evidence in order to determine the child's best interests. Possible outcomes of the case include:


  • Reuniting the child with your custody
  • Continuing the case plan with the goal of eventual reunification
  • Termination of your parental rights (requires a separate court hearing)
  • Placing the child under the permanent custody of someone else
  • Allowing the child to remain in foster care until they can achieve independence


Regaining custody of your children can be a lengthy process, but at Jensen Young & Butler, PLLC, our skilled attorneys draw upon our legal team's extensive experience in family law practice in Saline County, which spans over 20 years. If your child has been placed in protective custody due to allegations of physical, emotional, or sexual abuse, neglect, or substance abuse, it is crucial to seek legal representation promptly to safeguard your best interests.

Guardianship in Arkansas

Who Could Go Through Guardianship Disputes?

Guardianship disputes frequently arise when determining the suitable individual to be appointed as the ward's guardian. It is imperative that the appointed guardian possesses sound mental capacity and prioritizes the ward's best interests. Another potential area of contention in guardianship disputes pertains to the management of the ward's estate. In cases where an affluent individual becomes incapacitated, the appointment of a guardian to oversee their financial matters may give rise to disputes regarding the qualifications of the chosen individual. Additionally, legal conflicts commonly emerge in matters involving child support payments. The regulations governing guardianship disputes concerning children vary across jurisdictions and are contingent upon the terms outlined in custody agreements.

Jensen Young & Butler, PLLC is Here to Help

In such circumstances, it is crucial to seek the assistance of a defense lawyer as guardianship arrangements can be subject to challenges. When contesting the eligibility of a guardian, there can be various grounds for such challenges. For instance, certain jurisdictions make a distinction between guardians of the state and guardians of the person. Consequently, an individual who may be deemed suitable to serve as a guardian of the estate might not meet the criteria to serve as a guardian of the person.


Moreover, disputes can arise in cases where guardians are appointed based on instructions outlined in a will, commonly referred to as Testamentary Appointments. However, changes in circumstances may occur between the time the parents pass away and the actual implementation of the guardianship, leading to conflicts concerning these specific appointments.


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