Family Law Lawyers in Fort Smith
Bryant Law Partners specializes in Family Law including divorce, custody, child support, guardianship, and adoption.
Divorce
Divorce, child custody, visitation and any matter relating to family law are often life-changing circumstances. Honest, reasoned advice is essential for anyone who must deal with divorce and its complex elements. We understand the family dynamics, economics and emotions involved in divorce, child custody and child and spousal support. Our goal is to guide our clients with professional, ethical, and aggressive representation in these matters. Our focus is on our clients and how we can make your situation better from day one. We are focused on results-driven solutions…whether that be through settlement, mediation or through aggressive representation at trial.
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We specialize in family law cases and are experienced in handling complex, high-asset divorce cases, including cases involving alimony, business dissolution and prenuptial agreements. We pride ourselves on being meticulously thorough and aggressive in our approach to preparing your divorce case—leaving no stone unturned. If a case cannot be resolved through settlement or mediation, we are prepared to zealously represent our clients in court. We have more than 20 years combined experience as trial lawyers and we love being in the courtroom. We show up to court organized, prepared and ready to fight for our clients. We have seen our preparation pay off time and time again for our clients against other, less prepared lawyers in the courtroom, so we know the value of our approach to preparation.
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We understand that dealing with a divorce can be a highly stressful time in a person’s life. As a result, we place high importance on client communication. We know that having the ability to talk directly to your attorney is important. When you hire us, you will receive regular updates about your case and direct communication from us—your attorneys. Our clients become like family to us because we truly care about your cases and the outcome of your situation.
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Custody
Whether you need to pursue a new claim for custody, a change of custody, are defending a claim for custody or need to seek emergency custody, we are experienced in all aspects of child custody law in Arkansas. We have handled thousands of custody cases in Arkansas over the years and can help our clients in all aspects of their custody case.
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In 2021, the Arkansas legislature adopted a new law creating a rebuttable presumption in favor of joint custody on an initial determination in child custody cases. This presumption may be overcome with clear and convincing evidence as to why joint custody is not in the best interest of the child. Joint custody generally means shared or equal time for each parent with the child and shared decision making authority for both parents on major decisions such as school, medical, etc.
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The short answer is no. This law simply creates a presumption in favor of joint custody. The law clearly states that this presumption is rebuttable by certain factors or evidence which the court can consider which would show that joint custody would not be in the best interest of the minor child(ren).
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The new custody law is not applied retroactively to old cases and Arkansas law is clear that a child custody order will only be modified if there has been a material change in circumstances warranting a modification of the order and the modification is in the best interest of the child(ren); therefore, the change in the law alone will not be a reason for your order to be modified absent other material change factors.
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If you are dealing with a child custody matter, we offer a free consultation and would be happy to discuss your case – give us a call at (479) 431-4900 or click here to contact us.
Child Support
Whether you need to pursue child support from the parent of your child or a claim for child support has been made against you, it is important to have an experienced attorney assisting you. It is especially important to have an attorney assisting you with any matter involving child support in Arkansas since the recent change to the child support laws in 2021.
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In 2021, the Arkansas legislature modified the long-standing model they use to calculate child support. Under the new model, both parents’ incomes are utilized in calculating the amount of support that will be paid. There are various other factors which may be considered when calculating child support including amounts paid towards qualified expenses like health insurance or daycare, as well as deductions from a person’s income such as support they may be paying for another child. Another major consideration is the custody arrangement and the percentage of time each parent will have the child in their care. Clearly, calculating child support can get complicated and Arkansas Judges will not accept a divorce decree or other order addressing child support without the appropriate child support worksheet attached.
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Our attorneys can help establish child support or defend a claim for child support on your behalf. We are knowledgeable on the most recent child support laws and have experience on how these laws are applied by the Courts in order to best protect your rights and help you have the best outcome regardless of what side you are on in a child support case. If you need assistance with an Arkansas child support matter, give us a call at (479) 431-4900 or contact us to schedule a consultation.
Guardianship
There are several reasons why someone may need a guardianship in Arkansas. The attorneys at Bryant Law Partners can help advise you about the qualifications to become a guardian in Arkansas and help guide you through each step of filing for guardianship to insure that you and your loved ones are protected through this situation. If you are considering filing for guardianship and would like to discuss your situation, we offer a free consultation and would be happy to discuss your case. You can contact us at (479) 431-4900 or click here to contact us to schedule an appointment.
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The first reason involves any person who is caring for a minor child who is not their own. These days we have more aunts, uncles, grandparents and other family members raising children that ever before. Many people ask us: is a guardianship necessary? Our answer is always YES. A guardianship allows you to have the legal authority to enroll the child in school, take them to the doctor, add them to your insurance and make legal decisions on their behalf. A guardianship will also ensure that you are able to legally retain custody of the child until further order of the Court.
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The next reason someone may need a guardianship in Arkansas involves any adult person who is incapacitated. This means the adult may be rendered incapacitated due to a mental or physical illness or maybe the individual is dealing with a substance abuse issue that is rendering that person incapable of caring for themselves. Often times, we see an elderly person who may suffer from dementia or similar illness that leaves them in need of a guardian. Regardless of the reason, any time an adult is rendered incapacitated, a guardianship may be appropriate. In these cases, an individual can petition the court and request that they be appointed as guardian over that adult. This allows the guardian the power to make financial decisions for that person and also make decisions about where that person needs to reside in order to be safe—including a medical or other residential facility if necessary.
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Occasionally, clients are in an emergency situation where they need to seek a guardianship quickly. In those circumstances, we can petition the Court for an emergency guardianship and, depending on the facts of each case, may be able to obtain an emergency order to protect your situation while we wait for a hearing to be set. We work diligently in these situations to keep our clients informed and are mindful of the time sensitive nature of getting these cases pushed through quickly for our clients.
Adoption
Adoption in Arkansas may involve many different scenarios: a couple may want to adopt a child to whom they aren’t related, a family member may want to adopt within the family, a step-parent may want to adopt, a single parent may want to do an adoption to terminate another parent’s rights and we even sometimes do adult adoptions. Regardless of your circumstances, we can help you navigate the situation and accomplish your goals.
While adoptions are often one of the more joyful cases we get to handle, they are also one of the more serious proceedings under the law as they involve severing the rights of the biological parent(s) and establishing the rights of others. Because these proceedings permanently affect both the child and parents, Judges are very particular that all of the statutory formalities are followed with strict compliance before an adoption will be granted; therefore, it very important that you have an experienced attorney assisting you. If you are considering adoption, we offer a free consultation and would be happy to discuss your case - (479) 431-4900.
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Our Approach
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We understand that clients often come to us during some of their most stressful or important life matters. We hope that when a client comes to us for their initial meeting—they leave feeling empowered with information and feeling like a weight has been lifted knowing that we are now handling whatever legal burden they are facing.
Our clients are our top priority and we believe in creating genuine and lasting connections with our clients. Most of our clients have been clients for years and we have the privilege of representing many of their family and friends as well. Our clients aren’t just another case number—they quickly become friends and lifelong clients. We aim to treat every person’s situation with the kindness and support that we hope our family member would receive under similar circumstances.
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We have the knowledge and real-life experience that comes from years of practice and experience to benefit our clients and their cases, including more than 22 years combined courtroom experience. We have worked in various settings and with numerous well-respected attorneys that have helped us gain invaluable knowledge and experience. Our experience gives us a unique advantage in advising our clients and representing them in court.
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We pride ourselves on being meticulously thorough and aggressive in our approach to preparing our clients’ cases, leaving no stone unturned. We have seen the value in preparation and attention to detail pay off time and time again in the courtroom against other lawyers who are less prepared; therefore, our approach is to always be well prepared. Whether we are negotiating a settlement or taking your case to trial—no one out prepares us.
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There is no convenient time to deal with legal troubles. The process can be frustrating and confusing. The last thing you want to deal with is an attorney who won’t work with you to get things done. You are under enough stress without having to worry about when you can make time to talk to your lawyer. We offer flexible meeting times and options for payment plans in some cases. We want to help our clients get through whatever situation they are facing.
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We understand that our clients need timely and clear communication regarding their case and accessibility to their attorney. We send our clients copies of all documents that are sent or received in their case so that clients are kept up to date at all times. We personally return our client’s calls and emails in a timely manner. When you hire us, you talk to us—your attorney.
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Last, but certainly not least, we are aggressive. We are willing to fight for you and your case. We are focused on results driven solutions – whether that be through settlement, mediation or through aggressive representation at trial. Whether you have a custody case, a criminal matter or a real estate transaction—whatever it is—we aren’t afraid to go to court and take a stand for you. We are comfortable in the courtroom and will do what it takes to get you the results you deserve.