Have you ever wondered how Arkansas views each of the degrees of murder? Five main types exist, but every state has its own set of definitions and typical punishments. Whether you’ve been convicted or have a loved one who has, here’s what you need to know about how Arkansas classifies murders.

Did you know that there are three types of parental alienation? Since humans are complex creatures, there are varying degrees of alienation that your ex-partner might be conducting — and what’s worse is that you might not even realize they’re happening. Let’s dive into what you need to know about the three types of alienators. 

Type #1: The Naive Alienator

The most harmless level of alienation is the naive alienator. 

In fact, this level is so mild that the targeting parent wouldn’t classify themselves as targeting at all; they truly do value the benefits of their children having both parents. Instead of standing in the way of their relationship, they prioritize their children’s wellbeing and include the other parent in all significant decisions and activities. 

But humans are not black and white. When a person undergoes emotional distress, it’s only natural to respond in a distressed way, even if it’s unintentional. They may subconsciously say or do things towards the other parent that could be perceived as rude or disregarding. 

So a naive alienator might say, “You’re going to your father’s house on Monday because he doesn’t work as much as I do.” This might seem like no big deal at first glance, but in a way, this subtly programs the child to think that their other parent is lazy and their main custodial parent works harder.

Level #2: The Active Alienator

The active alienator believes their children should have a healthy relationship with their other parent, but sometimes, they have trouble controlling their pain and frustration. 

The main key to being an active alienator is semi-uncontrollable anger, so an active alienator parents may say, “Your mother might not want to come to your school play. Remember the last time she had to leave early for work? We shouldn’t ask her; she’s always so busy.” 

While this alienator can control their emotions to an extent, their bitter feelings towards the other parent may bleed out into their children’s relationship. However, it’s not unusual for them to follow up later, attempt to fix the problem, and acknowledge that they made a mistake to the kids. 

Level #3: The Obsessed Alienator

The most severe level of parental alienation is the obsessed alienator. This type of parent is often anxious and angry and will go to great lengths to damage or cut off their children’s relationship with the other parent. 

The primary key in obsessive alienators is that they are paranoid and will project that paranoia onto their children, allowing them to take on the victim role. This can lead to severely alienated children who are just as scared of the targeted parent and refuse to see them. 

It’s important to note that there are many reasons an obsessed alienator may act the way they do. Their behaviors may be justified — such as being the victim of abuse — or they may not be, where paranoia and anger take over rational thinking.

If paranoia is present, the obsessed alienator might say things like, “You cannot visit your father this weekend. I don’t trust him to take you to school. And he’ll probably leave you home to hang out with his new girlfriend. I will never force you to go there if you don’t want to because I know it’s a matter of time before his irresponsibility puts you in real danger.” 

Contact Hickey & Hull Law Partners Today

Unfortunately, parental alienation is a fairly common phenomenon affecting millions of children in the United States. But if you’re unsure whether or not your children are experiencing alienation, be sure to check out the five tell-tale signs and then what you can do to protect your family at each stage of alienation: 

• Naive: Naive alienation usually does not require a mediator or lawyer, although it is helpful to go over custodial requirements with the help of a family law attorney to make sure everyone’s on the same page and no stone is left unturned. 
• Active: Going back and forth between being angry and solving the issue isn’t a sound system for either parent or the children, so light mediation is often recommended. 
• Obsessive: At this level, the only thing you can do is to work with the courts and experienced family law attorneys who can help identify existing issues, come up with solutions, and mediate.

Whatever level you’re on, contact Hickey & Hull Law Partners today. 

Our compassionate and experienced attorneys will protect you and your children to save your relationship before any long-lasting damage is done. Fill out our form for a free consultation, or call us today: Our River Valley office number is 479.434.2414, and our Northwest Arkansas number is 479.802.6560.

When it comes to child custody, Arkansas is now a 50-50 custody state. 

For those unfamiliar with it, 50-50 custody refers to the fact that joint custody must be the automatic default custody agreement. 

But what does this mean for new versus current custody arrangements? And what if it’s not in the child’s best interest to spend time with one of their parents? 

Let’s break down the ins and outs of the new Act 604 and what it means for your family. 

What is Act 604? 

Act 604 — also known as the new joint custody law — was enacted in the State of Arkansas in July of 2021. Under the new law, joint custody is the default arrangement for all new child custody orders. 

So, why did Arkansas pass this law? It’s under the general assumption that joint custody is usually in the child’s best interest. 

In turn, two things happen: 

• The child can therefore spend equal time with both parents (since studies show that being raised with two parents is more beneficial than not)
• Joint custody is the new assumed standard, which may allow for a more straightforward process when parents get divorced and need to address custody

Furthermore, Act 604 is split into three sections that break down its intentions (and exceptions to the rule). 

Section 1

Act 604 Section (a)(1)(A)(i) states that the award of child custody will be made without regard to the parents’ sexes but instead solely with the child’s best interests in mind. 

Section 2

Act 604 Section (a)(1)(A)(ii) states that when determining a child’s best interest, the court can consider the child’s preferences if the child has the mental capacity to reason. 

There is no age requirement for this decision in the State of Arkansas; instead, the court will decide based on the child’s wishes (given that the above conditions are met) and existing circumstances. 

Section 3

Section (a)(1)(A)(iii) states that in the event of a divorce, joint custody is favored — and therefore, the default — arrangement in the State of Arkansas. 

Does Act 604 Affect Current Child Custody Arrangements? 

Act 604 only affects child custody arrangements that occur after July 2021. Current child custody arrangements are unaffected. 

If the parents can’t agree on this arrangement, they will be ordered to mediation to resolve the dispute before the case is presented in the courtroom. 

When Act 604 Doesn’t Apply

One critical term that accompanies Act 604 is “clear and convincing evidence.” 

Clear and convincing evidence refers to the evidence that parents must establish if they want a different arrangement and/or don’t believe that joint custody is, in fact, in the best interest of the child. 

Clear and convincing evidence may include the following: 

• The parent demonstrates a pattern of willfully creating conflict in an attempt to disrupt an existing agreement
• The parent is abusive and dangerous, which may be proven through physical evidence (physical harm), testimonies (teachers, counselors, family), or written evidence (emails, texts) 

However, this is a high standard that’s hard to meet. If you believe that joint custody is not in your child’s best interest, then you’ll likely need expert legal help to make your case. 

What Does Act 604 Mean For the Family? 

Every situation is different, but previous custody laws favored mothers over fathers in most cases. 

Since Arkansas is now a 50-50 state, fathers have the chance to participate more in their child’s life. In turn, this also allows mothers to focus further on their careers. Children now get to see their parents equally, allowing them to establish healthy relationships with both. 

Parents may arrange schedules in whichever way is best for the child and works for the parents. For example, parents may switch custody every two days or weekly as long as the child spends an equal amount with both. 

Contact Hickey & Hull Law Partners

Whether you have questions about Act 604 or concerns about how it might affect your family, understanding the ins and outs of the bill can be confusing to the untrained eye. 

Luckily, that’s where Hickey & Hull Law Partners come in: With expertise in all-things familial related, our team can help you navigate this new arrangement and fight for your child’s safety. 
Fill out our online form for a free consultation, or contact us today for more information. Our River Valley office number is 479.434.2414, and our Northwest Arkansas number is 479.802.6560.

If you’ve ever heard of parental alienation, chances are you’ve also heard of parental alienation syndrome.

You may have heard inklings of this news over the past few years and wondered if it’s true. Are divorce rates in the United States really decreasing?

If you’ve ever thought about what would happen to your pet when you pass away, then you’re not alone — and that’s because nearly 75% of pet owners view their pets as part of their family. So if and when the inevitable happens, you want to ensure they’re taken care of with the proper finances and resources. Here’s what you need to know about including your pet in your estate plan. 

Can You Include Your Pet in Your Will?

A will is a part of your estate plan, a legal document that verifies what you want to do with your assets and who should take them after you die. Estate planning also includes powers of attorney, probates, and trusts. 

If you want to include your pet in your will, there’s good news — because you can! Listing your pet as part of your estate plan is legal and considered a legitimate part of your will. You’ll be able to outline who should care for your pet, how much money you want to put aside for them, and other planned details. 

Can My Pet Receive an Inheritance? 

Unfortunately, in the eyes of the law, pets are considered property, which means you can’t legally leave them an inheritance. What you can do, however, is leave your inheritance to a trustee with specifications about what to do with that money. You may also “gift” your pet to somebody as part of your will. 

For example, say you have two dogs and want to ensure they’re well-cared for after you die. You can’t leave your dogs any money, so you assign your sister as the trustee and write specific guidelines that say $10,000 should only be used for upcoming vet appointments, toys, food, and anything else, for the remainder of the dogs’ lives.

If you decide to gift your pet, whoever you give them to will be viewed as the new legal owner. 

What Should Be Involved In Your Will’s Pet Clause

• Name a designated caregiver and pet(s). Be sure to name both the caregiver and your pet’s name in your will. You’ll have to specify that you’re gifting your pet to the named beneficiary, which is the caregiver in this case. 
• Create a trust for your pet’s financial needs. A trust is an agreement that protects a person’s assets legally. In this situation, you can create a trust for your pet so that the named beneficiary will financially care for them after you die. 
• Leave instructions for your pet’s care. You know what your pet needs best — which is why you should put together instructions for how to care for them. This might include exercise, medication, dietary needs, veterinary info, and other pertinent information that is essential to your pet’s health and happiness.

We Can Help You Create Your Will and Include Your Pet

At Hickey & Hull Law Partners, we understand your love for your pets because we also have our own. Whether you have questions about how to incorporate your pet into your will or need some guidance on estate planning, we can help you today. Please fill out our online form or call our local offices to speak with someone right away. Our River Valley office number is 479.434.2414, and our Northwest Arkansas number is 479.802.6560.

When you hear the term “child abuse,” you probably think of physical harm. But as you might know, abuse comes in different forms — in fact, abuse can be emotional, mental, and physical.

You probably know the phrase, “The punishment fits the crime.” In the criminal justice system, there are several forms of punishment that the law may consider — and the four most common types are incarceration, rehabilitation, diversion, and retribution. Let’s break down the differences. 

If your ex-spouse tends to speak badly about you, attempts to limit contact, or undermines your authority or importance in your child’s life, then you might be a victim of parental alienation.

More than 80 percent of Americans use social media nearly every day, so there’s no question why you might take to Facebook, Twitter, or Instagram to document your daily experiences. And although you certainly wouldn’t be the only person in the world doing so, you should avoid posting about legal issues online — especially if you’re the plaintiff amid a civil lawsuit. Here’s why.

Being the targeted parent of parental alienation is difficult — especially because it’s brought on without you having any say in the matter. But it’s even more challenging to address and deal with during the school year when you and your child have limited time together and want to make every moment worthwhile.

Last month, we discussed who should consider prenuptial agreements. Throughout that discussion, we learned that nearly everyone could benefit from prenups if they have any property or financial commitments.

Learning as much as possible before committing to an agreement is necessary. Learning how to create a prenup and the consequences of not creating one are essential considerations before working with your attorney to write a prenuptial agreement.

How to Create a Prenup

Depending on your situation, a prenup can help protect you and your assets in the future. Thankfully, creating a prenup is simple. There are two main ways to create a prenup:

1. You can work with your lawyers to create a document.

2. You can create a prenup yourself.

Working With Lawyers to Create a Prenup

If you decide to work with lawyers to create your prenup, you get legal advice throughout the process. Along the way, you’ll need to share your financial information with them to create a better prenup that’s fair and equitable.

Lawyers know that the perception of prenups is changing in the court’s mind positively, but they will quickly dismiss unfair prenups.

Creating a Prenup Yourself

If you and your partner want to create a prenup on your own, you’re more than capable of doing so. Several websites and programs help you create a comprehensive and legitimate prenuptial agreement.

Even though both of you may agree to the prenup terms, each partner needs to bring a copy to a different lawyer and receive advice regarding the prenup.

The reason for meeting with different lawyers is two-fold:

1. They review the agreement from a lens of what best helps you should there be a divorce.

2. Courts rarely follow through with a prenuptial agreement if lawyers didn’t review it beforehand.

The last thing you want is to go through the effort of creating an agreement only for the courts to dismiss it.

What Happens if You Don’t Create a Prenup and Divorce?

Not all couples choose to create a prenup. For the longest time, many people viewed prenups as a document that ensured your marriage wouldn’t last. In other words, people thought you were planning to split up before you married.

That’s no longer the case. As men and women are much more equal in today’s society than in the past, the courts view prenups as more fair because they include the assets of both sides. It’s not just about one person trying to take the wealth of another.

If you decide to forego a prenup and divorce your spouse, your belongings before marriage and those accrued during your marriage will split between you and your spouse.

Conclusion

As the public and legal perception of prenuptial agreements continue to shift in favor of the document, couples must learn how to create a prenup and the potential consequences of not creating one.

If you need an attorney to help you start the prenup conversation or to review your documents, contact Hickey and Hull Law Partners. We can get your marriage and finances started on the right foot.