Children are often at the center of many arguments amongst couples during the divorce process and often times after the divorce is settled. During the tumultuous time of a divorce proceeding and custody arrangements, parents’ emotions can take over and leave the children in the middle. The courts’ duty is to serve the best interest of the children. In order to protect the best interest of the interest, the judge may order an attorney ad litem or guardian ad litem. The judge makes the determination if either of these is necessary if he or she feels the minor(s) needs their own independent legal representation or protection.

Under Arkansas Code, §28-1-111, (a) “circuit courts shall have the power and duty to appoint a guardian ad litem to a proceeding to represent an incompetent party who is not represented by a guardian or next friend and, for the protections of the interests of a nonresident party who is not represented before the court and has not been personally served with notice, to appoint an attorney ad litem to give notice to the nonresident of the pendency and nature of the proceeding as is provided by law with respect to proceedings in courts of equity.”

(b) “The appointment of a guardian ad litem or attorney may be made by the clerk of the court at any time after the initial of a proceeding by the filling of a petition, subject to the approval of the court.”

Guardian Ad Litem

This person is appointed to represent the best interest of the child and does not have to be a lawyer. Such persons can be volunteer advocates, such as CASA (Court Appointed Special Advocates), non-attorney licensed professionals such as counselors and social workers, and any adult the court determines to be competent to serve as a guardian ad litem. In some cases, the lawyer is appointed both the attorney and guardian ad litem.

Attorney Ad Litem

This is an attorney who provides legal services to a person, including a child. In family law, the minor often does not have a legal representative unless one is appointed by the Court.

Once the Court appoints an attorney ad litem, they will interview the involved child, all involved parties and any witnesses to determine the best way to represent the child. Then, they must conduct an investigation into the facts of the case along with determining the child’s wishes, if possible. The attorney ad litem is responsible for taking any actions deemed necessary. If the attorney deems necessary, he or she could conduct discovery, file motions and move to promote settlement of the litigation

The attorney ad litem will present to the court all relevant facts regarding the case, the child’s wishes and the ad litem’s deteriming of the child’s best interest. He or she will file appropriate pleadings on behalf of the child, call witnesses, participant fully in examination of witnesses, present relevant evidence an advocate for timely hearings.

The primary difference between a guardian ad litem and attorney ad litem is that the attorney is not a witness and advocates for his or her client. A guardian ad litem is intended to become a witness as to what is in the best interest of the child. This person becomes an integral party of the proceedings and acts on behalf of the child in the case. Both will have regular contact with the child. Both will appear at all hearings to represent the best interest of the child.

Factors used to determine the best interest of a child are:

• Moral fitness – integrity, character, compassion, sobriety, religious training
• Stability – emotional, work, financial, residence, school, healthy
• Love and affection – attention given, discipline, attitude toward cooperation with the other party regarding eh child’s needs
• The Child: relevant information regarding the child such as stated preferences, age, health and testing evaluations
• Home and Location – Location, size, family composition

Kevin Hickey Law Partners has extensive experience and expertise in family law cases. We will be happy to help you determine which service is of the best interest for you.

If you haven’t watched the Kid President videos in a while, go out and do that now. It will help establish your faith in humanity again. The people at Soul Pancake on YouTube bring some uplifting content. It was after a Kid President marathon that I explored some of the other videos recommended, and I couldn’t resist one entitled “That Moment Divorce Changes Your World.”

Divorce definitely changes your world. In this particular video, political hints and agendas aside, I was struck with how divorce can transform a lost person into the person they were created to be. We often only read or hear about the devastation and trouble divorce causes. (Yes, this is a law blog, but that doesn’t mean we believe divorce is a good thing.) In this blog we discuss matters surrounding divorce in order to equip you with knowledge, because knowledge is truly power, but what if we stopped for a minute and talked about the good that can arise from a new start? That’s what a divorce can be -- a new start. You can live your best life, even after divorce.

People marry young, and that is a beautiful, hopeful part of the human experience. Young marriages often end, even 20 years later, because people change. We should change. We should grow and expand. The challenge in marriage is that through the growth, through the change, we should stay connected to our partner. Too often, this does not happen and the rift is so wide that a bridge across is difficult to even conceive, let alone build.

What happens next is usually a divorce. But as this young woman in the video describes, divorce has the power to challenge the facade we have built around ourselves. Perhaps the relationship fell apart because it was never based on reality. Many times, as people begin to discuss their divorce, it comes down to something about identity. Sometimes it is a loss of identity. Sometimes it is discovering identity. What this woman discusses is real. When we divorce, we can find in ourselves a deeper, more authentic version of ourselves. The power of seeking through the brokenness, or wandering through the shock until we bump into it, is that we find a more authentic piece of ourselves.

Too often we build relationships around broken pieces, or incomplete ones. Divorce can keep us in this cycle, or it can free us from it. After divorce, people can feel lost, confused, hurt and alone. An individual can begin to find their way out of this by discovering who they are, what they dream, what they want, and in this way, begin to live their best life.

Remember, it’s about to get better. We’re here to help.

Is your spouse acting a bit more odd and “snoopy” than normal? If you think your spouse is spying on you, you should probably trust your gut instinct. What are some things you should watch out for and how can you prevent it?

There are many reasons a spouse may spy on you, but some of the most common we see in our practice are:

• He or she suspects you of cheating.
• You have given him or her reason to not trust you, such as unfaithfulness in the past.
• He or she is cheating. Very often, a spouse spies to protect his or her infidelities, to avoid getting caught.
• He or she feels the need to control you.
• The two of you are involved in a custody battle and he or she wants to try to gather evidence against you as unfit.

The typical signs to watch for are:

• He or she regularly questions you about where you have been and whom you have been with. This action will be more than what a genuinely concerned partner would ask. It will be more in the form of a demand to know these things.
• On the other hand, your partner may know about places you have been and who you have been with before you’ve had the chance to tell him or her yourself.
• Your partner deflects your questioning as to why he or she wants to know these things onto you as being paranoid or defensive. Often, the spying spouse tries to make you feel like you are in the wrong.
• Your phone or computer displays out of the ordinary activity. For example, the screen is different from the way you left it. Your phone may need more frequent charging than normal. This may indicate increased data transmission.
• Your phone shows activity when not in use. If your phone is lighting up and making noises out of the ordinary or reboots for no reason, this may indicate someone has remote access to your device.
• Your spouse guards his or her own privacy with practiced determination.
• You simply have an uneasy feeling of being watched.

How should you avoid been of victim of spying?

• Check your home for spy cameras. These days cameras are easy to obtain at a reasonable price and easy to hide. One way to do this is via a physical sweep. Turn off all the lights and walk slowly around checking for tiny LEDs that indicate a device is active. There are some inexpensive bug sweepers on the market to help you track down the hardware.
• Check your vehicle for tracking devices.
• Use a strong password or fingerprint recognition for your devices. Avoid using the same password for all devices.
• Install an anti-virus software and regularly run a clean-up.
• Set your phone to airplane mode when not in use.

How to find spy software on your phone (Android or iOS):

Android:  Go to Settings > Applications > Manage Applications or Running Services. This can help you find suspicious looking files. Some spy programs do a better job than others at hiding these files. Some of the less expensive programs are quite easy to spot with names that contain terms like “spy” and “monitor”.

Note:  It is not advisable that you delete any files you are not sure about.  We suggest bringing the phone to us or your local phone dealer to help you determine which files belong on the phone and which do not.

iPhone:  In order to add spy software to an iPhone, your spouse would have to jailbreak it. It is not as easy as the Android to find spy software on the iPhone, but you can easily remove spy software by upgrading to the latest OS version. The upgrade will remove the jailbreak and any external non-Apple software.

Note:  Be sure to back-up important data before upgrading the latest OS version.

In our experience at Kevin Hickey Law Partners, your gut instinct is typical right. If you don’t think things are the way they ought to be or you feel uneasy, you should trust yourself. Contact us today and we can help you throughout the entire process.

When a couple decides to terminate their marriage, things can and probably will get heated at some point. This is particularly true when children are involved. It is easy to lose your cool and let emotions get the best of you and, frankly, no one can blame you when things escalate, but it is important to remember your children and what is in the best interest of them. My advice to clients regarding the do’s and don’ts of child custody in Arkansas are:

1. Do Keep Discussions Age Appropriate for Children – Use your best judgement when it comes to telling kids about every detail regarding the case. Determine what is age appropriate for them. This is a difficult time for them as well; they do not need the extra stress of worrying about the case. Children will often imagine the worst-case scenario and internalize it or act out. Keep in mind this is his or her father or mother.
2. Do Not Talk Poorly of the Other Parent in Front of the Children – Again, this is your children’s father or mother. It is important to not speak ill of your soon-to-be ex in front of the kids. Besides the fact that this can affect your children mentally, courts do not look favorable on parents who throw their children in the middle of a custody battle. You should also use caution when discussing matters with friends either in person or over the phone. Make sure your kids are not around where they overhear your conversation. Do not post anything negative on social media.
3. Do Show Willingness to Work with Your Ex – Your ex will in all likelihood be in your children’s lives from now on. Therefore, it is not only important for you to work with him or her for their sake, it is important for the judge to see that you are willing to work with your ex and not using your children as pawns in an ugly divorce/custody battle.
4. Do Not Begin a Romantic Relationship – You may be ready to move on with your life after a bad marriage, but it is advisable to avoid beginning any romantic relationships until your divorce is final. If you do decide to begin a romantic relationship, absolutely do not introduce the children to your partner until the divorce is final. Keep in mind that Arkansas is a conservative state and the courts tend to frown upon children being around romantic partners.
5. Do Not Allow Unmarried Romantic Partners  to Stay the Night When the Children are Present – As mentioned, Arkansas is a conservative state and cohabitation between unmarried partners does not look favorable to the courts. Even if your divorce and custody case are final, cohabitation could be grounds for changing custody.
6. Do Be Aware that Perception is Everything – The only thing the courts have to go by is the evidence that is presented to them and what they perceive to be true. Do everything you can to present yourself to the court as a competent, involved, loving parent. This includes your appearance to the judge and maintaining proper courtroom etiquette. This also includes watching what you post on social media. Anything can be used against you. See Brad Hull’s, an attorney with Kevin Hickey Law Partners, past blog about social media and divorce.
7. Do Request an In-Home Custody Evaluation – This is not needed in every case, but as mentioned in item #6, perception is everything. If you believe that your ex could present you in a negative way to the judge, you may want to consider this option as a way to assure the courts you are a fit parent.
8. Do Maintain Honesty with Your Lawyer – In order to present your case to the best of your attorney’s ability, it is imperative that he or she knows every detail regarding the situation. Leaving out important details will damage your case and your attorney’s ability to address them before the judge.

Let Kevin Hickey Law Partners help you protect you and the best interest of your children. We can help guide you personally through the do’s and don’ts of your custody case with our extensive knowledge and expertise.

Are you thinking of filing for divorce? If so, there are few important things you should know before you file. Many times couples will start the divorce process on amicable terms, but more often than not, it does not end that way. Remember, divorce is not just a business deal gone bad, there are real emotions involved and a lot of life has happened between the two of you. Based on my experience, my top 10 tips of things to know before you file are:

1. Keep Track of Your Spouse’s Money – Has your spouse recently applied for a loan or made a large asset purchase? Keep copies of recent financial documents as well as past financial documents.

2. Take Pictures of Key Assets – When the emotions begin to spin out of control, many soon-to-be exes begin to do things out of spite like selling large assets without your knowledge, moving money around to various bank accounts. If this does happen, pictures and copies of documents will aid your case in court. When divorce proceedings start, the necessary documents can “mysteriously disappear.” Making copies ahead of time will help protect you and aid your case. 

3. Do not Hide Assets – Trying to deceive your spouse by hiding or concealing assets is against the law. If discovered, you will lose credibility in court along with any penalties like monetary sanctions that the judge decides appropriate. It is best to be forthcoming and declare all assets up front. 

4. Get Property Valued – Unfortunately, many spouses do not follow the advice of item #3, so it is necessary for you to protect yourself and get property valued. Almost all property is fair game and divisible when it comes to divorce, with a few exceptions (see my previous blog regarding division of marital property for more details about this subject), especially if you have been married for a long period of time. It is best to have items valued by an expert such as a real estate appraiser for all real property. Other items that need appraised by professionals are jewelry, art, collections, anything valuable that can’t be easily valued by the average consumer. 

5. Know Your Assets – Don’t mistakenly assume that your largest asset is your home. Do not overlook your spouse’s retirement account. The court could consider its future value when dividing assets. 

6. Know Your Debt – Do not agree to divide debt you did not accumulate. Generally speaking, unless you are a signatory on a loan document, or a joint applicant for credit, then you should not have to worry about them. As with all law, there are exceptions, debt should be handled by a separate property settlement agreement, and one spouse may be ordered to be responsible for another spouse’s debt, if there is legal justification. 

7. Know Which Monies Received are Taxable - If it is considered alimony, the person paying can be written off as a tax deduction, but the person receiving alimony must claim it as taxable income. If money is simply transferred in a divorce settlement, it is not considered taxable income. In this case, however, the person paying the money does not receive a tax break. 

8. Make Yourself Employable - It is not uncommon that one spouse has chosen to forgo his or her career in a marriage. It is advisable to update your resume and education now. It is not in your best interest to depend on an anticipated spousal support award. 

9. Know What You Want – Consider what assets and terms you want. I have seen it happen repeatedly; many couples are wrapped up in the fight and never really consider what they actually want. Fight only for the things that are important to you and use the rest as a bargaining tool for compromise. 

10. Choose the Right Lawyer for You – Find an attorney that you feel comfortable with and is a good fit for you and your case.

Every couple’s situation is different and should be reviewed by a competent attorney to get specific and reliable legal advice. Let Kevin Hickey Law Partners give you advice and knowledge specific to your needs. Knowledge is power.