View Changes And Revision History Of Legal Arkansas Standby Temporary Guardian Forms For Free

What are the grounds for emergency custody in Arkansas? In Arkansas, an ex parte order for emergency custody can be issued when there is probable cause to believe the juvenile's health or physical well-being is in immediate danger, or if they are at risk of being removed from the state.

(B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days.

This is done by filing a Petition for Temporary Guardianship. The court will then hold an immediate hearing and decide whether the child should be placed with the interested party until a final decision can be made at a trial. This will ensure that the child is safe until the trial concludes.

Guardianship and custody are distinct concepts. Usually, a parent continues to have custody even after a legal guardian is appointed. This is true whether the parent is biological or adoptive. The guardian may provide care for the child despite not having custody.

Custody is generally only given to parents. A judge can order guardianship over anyone who is incapacitated. A person under 18 who hasn't gone through a removal of disabilities, or emancipation is incapacitated. In a guardianship case the judge assumes that it is best for children to live with their parents.

Section 28-65-218 - Emergency and temporary guardianships (a) (1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person ...