Robertson, Oswalt, Nony & Kennedy PLLC Robertson, Oswalt, Nony & Kennedy PLLC 2026-07-22T15:23:23Z https://www.robertson-law-firm.com/feed/atom/ WordPress /wp-content/uploads/sites/1104661/2025/11/cropped-Robertson-Oswalt-Nony-Kennedy-PLLC-favicon-32x32.jpg On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[5 mistakes parents make when speaking to DCFS without a lawyer]]> https://www.robertson-law-firm.com/?p=57349 2026-07-22T15:23:23Z 2026-07-22T15:23:23Z Sharing more information than the question requires Long explanations may add unrelated facts or make a truthful account seem inconsistent. For example, discussing years of family conflict in response to a question about one event could broaden the inquiry.

Treating the investigator as a counselor

A calm tone can make the conversation feel informal. However, the worker gathers facts and records your responses. Complaints about a former partner or details about private struggles could appear in case notes without the context you intended.

Agreeing to home access without asking questions

Opening the door does not mean you must agree at once to every request to inspect rooms, cabinets or personal belongings. Before allowing access, you can ask why the worker wants to enter, which areas require inspection and what authority supports the request.

Signing broad releases without seeking legal review

A general authorization could provide access to medical, school or counseling files. Some of those materials might have no connection to the report. Reading an authorization’s scope, purpose and end date can show what information the agency seeks.

Answering important questions before consulting a lawyer

In Arkansas, officials send an accepted report to DCFS or the Crimes Against Children Division based on the nature and severity of the concerns. The Department of Human Services explains that an investigator may meet with those involved, note added concerns and usually complete the inquiry within 45 days.  A lawyer can explain the allegations, help you prepare a focused response and assess how your answers could affect a related court case.

Why thoughtful preparation matters

A home visit does not automatically mean that DCFS will remove a child or seek court action. Even so, the agency’s findings could lead to an administrative appeal or affect a dependency-neglect case or related criminal matter. Those consequences make documentation important after the meeting. Keep notices, signed forms and notes about each conversation together. These materials can preserve an accurate account of each interaction.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[What to do when your ex makes false domestic violence claims during an Arkansas custody case]]> https://www.robertson-law-firm.com/?p=57346 2026-07-01T18:59:27Z 2026-07-01T18:59:27Z Arkansas divorce and custody disputes, allegations of domestic violence can change the trajectory of a case overnight. Unfortunately, it is not uncommon for spouses to manufacture or exaggerate accusations to gain leverage in custody negotiations, restrict parenting time or influence the court’s view of a parent’s fitness. If you are facing unfounded claims, a single misstep can cost you your kids and your reputation. The key is to respond strategically and with credible evidence.

Why these allegations matter in Arkansas custody decisions

Arkansas courts decide custody based on the child’s best interests. Evidence of family violence can affect custody, visitation conditions and protective orders. Even before a final hearing, temporary orders may limit contact with your child. That is why you must treat every allegation as case-defining, even if it is untrue.

Immediate steps to protect yourself and your parenting time

If facing accusations, your first moves should focus on safety, documentation and legal positioning. The goal is to avoid actions that can be mischaracterized while building a clear record for the judge.
  • Follow all court orders and avoid direct conflict, including heated texts or surprise visits  
  • Preserve evidence such as messages, call logs, photos, medical records and witness names  
  • Use structured communication tools when possible and keep messages brief, factual and child-focused  
  • Attend every hearing and arrive prepared with organized exhibits and timelines  
  • Work with counsel to request appropriate temporary visitation and to challenge unsupported claims
These steps help show the court that you are cooperative and focused on the child, not the conflict.

Building a strong defense without escalating the situation

After the initial response, focus on credibility. It is also important to note that retaliation generally backfires. Avoid social media commentary, do not pressure mutual friends to “take sides” and do not discuss the case with the child.

Stay calm, stay documented, stay child-centered

False domestic violence allegations are serious and emotionally exhausting. Panic and impulsive reactions can undermine your custody position. In Arkansas, parents generally do best when they comply with orders, document everything and present a steady, child-centered plan. If facing accusations, consult an Arkansas family law attorney promptly and treat every interaction as if a judge will read it later.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[When divorce papers come without warning: Taking the first steps]]> https://www.robertson-law-firm.com/?p=57344 2026-06-26T12:39:10Z 2026-06-26T12:39:10Z Opening the door to find divorce papers can turn an ordinary day upside down. If you did not expect your spouse to file for divorce, you may feel shocked, hurt or even betrayed. Those emotions often come with panic as you realize the papers contain legal deadlines that require your attention. While the situation may feel overwhelming, responding thoughtfully can help protect your rights and prepare you for what’s ahead.

Pause before you react

Strong emotions can make it tempting to ignore the paperwork or confront your spouse. Those reactions are understandable, but they can create significant challenges. Being served with divorce papers does not mean every issue has already been decided. Important decisions about property division, child custody, spousal support and other family matters may still require negotiation or a court's decision. Missing a response deadline, however, could affect your ability to present your position during the divorce process. Start by reading the paperwork carefully so you understand what your spouse has requested and when your response is due. Gathering financial records and other important documents early can also make the next stages of the case easier to manage.

Focus on the next step, not every step

Looking too far ahead can make a stressful situation feel even more difficult. Instead, focus on the practical steps you can take now, such as:
  • Read every document carefully and note important deadlines.
  • Keep copies of all paperwork in one organized location.
  • Avoid major financial decisions before understanding the legal process.
  • Communicate respectfully with your spouse, if necessary, and avoid emotionally charged confrontations.
  • Speak with a family law attorney as soon as possible to understand your rights and legal options.
Although these steps cannot remove the emotional strain of divorce, they can help you stay organized and avoid unnecessary mistakes.

Move forward one step at a time

Being served with divorce papers is the moment most people realize their marriage is truly coming to an end. While you cannot change what has happened, the choices you make in the days ahead can help protect your rights and prepare you for the next chapter. An experienced Arkansas family law attorney can provide steady guidance as you manage difficult decisions, helping you understand your rights while working toward an outcome that reflects your family's unique circumstances.   ]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Spotting parental alienation: Is your ex turning your child against you?]]> https://www.robertson-law-firm.com/?p=57342 2026-05-21T16:16:50Z 2026-05-21T16:16:50Z Going through a divorce when you have children means that you can’t decide to completely cut ties with your ex. Instead, you’ll have to work to raise the children together. While many exes can do that without issues, there are times when one parent doesn’t do what’s best for the children.  One issue that can occur is parental alienation, which involves behaviors that pressure the child to fear, reject, dislike or distance themselves from the other parent. If you believe that you’re the victim of parental alienation, you must learn about some of the signs. 

Signs of parental alienation

If your child is being affected by alienating behaviors, they may do things that you don’t understand. Some common examples include suddenly refusing to visit you or making harsh accusations without details. They may show intense anger that isn’t warranted by the situation. They might seem afraid to share positive memories or show affection.  These signs are often because the child is being groomed by your ex to view them as the good parent and you as the bad parent. This isn’t always done directly, but could be the result of the child hearing negative comments about you. In some cases, the alienation is direct because your ex may interfere with your relationship with the child.

Alienation versus safety concerns

It’s important to recognize that parental alienation concerns are much different than situations where there is a valid safety concern. A child may reject visits or contact if they have a valid reason, such as neglect, abuse or high-conflict behaviors. Courts will look for facts, patterns and evidence rather than just labels.  Cases involving parental alienation often come with significant documentation, such as missed visits, screenshots, calendars, school records and unanswered messages. Examples of interference are also common in these cases.  Parental alienation is a significant child custody issue that you must take seriously, but it can be an emotionally challenging situation. Working with someone familiar with these matters may be beneficial since they’re so complex. ]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Avoiding common mistakes people make before filing for divorce ]]> https://www.robertson-law-firm.com/?p=57339 2026-05-18T04:09:01Z 2026-05-18T04:09:01Z Given all that is at stake, many people understandably feel overwhelmed by uncertainty about finances, parenting arrangements and the future when they start to think about filing for divorce. During this stressful period of life, it is common for individuals to make avoidable mistakes that may complicate their eventual divorce process or negatively affect the outcome of that process as a whole.  If you and your spouse are thinking about going your separate ways, a thoughtful and informed approach before filing can help you to proactively protect your interests moving forward.

Beware these common errors

One common mistake to avoid involves making major financial decisions without understanding the potential long-term consequences. For example, some people empty joint bank accounts, make unusually large purchases or transfer assets out of anger or fear. These actions may create distrust, increase conflict and potentially damage your credibility (and your credit) during the divorce process.  Disclosures during divorce require detailed information about income, debts, retirement accounts, investments, business interests and household expenses. Waiting until after tensions escalate to look into these realities may make it harder to make informed financial decisions. This is the flip side of acting too soon. Delaying the financial process of “getting your affairs in order” can impact your situation negatively as well. Organizing financial information early can help you better understand your situation and prepare for negotiations or court proceedings accordingly. Many people also make the mistake of discussing their potentially impending divorce extensively on social media. Angry posts, photographs, text messages or public comments can sometimes become evidence in court. Even posts intended as jokes or emotional venting may be taken out of context. It is often wise to limit social media activity during a divorce and avoid discussing legal matters publicly as a result.  Parents also sometimes unintentionally place children in the middle of conflict before a divorce even begins. Speaking negatively about the other parent, pressuring children to choose sides or involving them in adult disputes can create emotional harm and may affect future custody decisions.  Some individuals also delay speaking with a skilled legal team for a variety of reasons. However, waiting too long to seek legal advice may leave people unprepared for important financial or custody issues. Consulting with a legal professional does not mean divorce is inevitable. It will simply allow you to understand your rights and options before making major decisions.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Navigating the emotional toll of parental relocation]]> https://www.robertson-law-firm.com/?p=57335 2026-05-04T18:28:22Z 2026-05-04T18:28:22Z Parental relocation after a divorce or separation is rarely a straightforward situation. Although there are many potential advantages associated with a move, there are also drawbacks – especially when a co-parent who is invested in their children’s well-being will be separated by a significant distance as a result. Ultimately, whether a possible move is driven by a new job, a support network or a desire for a fresh start, the likely impact on both the parents and children deserves careful consideration.

Pros, cons and a complicated grey middle zone

From a parent’s perspective, relocation can offer meaningful benefits. Moving closer to extended family may provide childcare support and emotional stability. A new job opportunity may improve financial security, which can directly benefit a child’s quality of life. In some cases, relocation can also create distance from a difficult environment, allowing a parent and child to build a more stable routine. However, these benefits are also often paired with trade-offs. One of the most significant concerns at issue may be possible effects on a child’s relationship with their other parent. Increased distance can limit regular, in-person contact and make it harder to maintain consistent parenting time. Connection-based technology can help. But, understandably, for the parent who remains behind, this can create feelings of loss and reduced involvement in their child’s life. Emotionally, relocation decisions can heighten tension between parents. One parent may view the move as necessary and beneficial, while the other may see it as disruptive or unfair. These differing perspectives can lead to conflict, making communication and cooperation more difficult during an already sensitive time. Courts generally focus on the best interests of the child when evaluating contested relocation requests. A well-thought-out plan that addresses transportation, communication and parenting schedules can make a difference in both legal outcomes and emotional adjustment associated with a relocation request.  Navigating the emotional toll of relocation requires balancing opportunity with stability. Open communication, realistic expectations and a focus on a child’s well-being can help families manage the transition more effectively. Working with a skilled legal team can make it easier to develop a plan that supports both legal requirements and the long-term emotional health of the whole family.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Can your child’s online life impact your custody case in Arkansas?]]> https://www.robertson-law-firm.com/?p=57333 2026-04-27T15:57:05Z 2026-04-27T15:57:05Z Parents are often cautioned to avoid posting on social media when they’re in the midst of a custody case or dispute. There’s always the possibility that a social media post could end up being displayed to the court and negatively affect the parent’s position.  Increasingly, however, something a bit less obvious is also being brought up in the courts: the digital footprint of the children involved in these cases. 

Why does your child’s digital footprint matter to custody?

In Arkansas custody cases, judges are guided by one central principle – the best interests of the child. That means nearly anything that the court believes reflects on parenting, supervision, emotional stability or the parent-child relationship can become relevant. A child’s online activity can be used to illustrate a great deal about their home situation.  A child’s social media activity, for example, can reflect their behavior, emotional state and home environment. The courts recognize that posts, messages, photos and videos can all provide insight into a child’s emotional and physical well-being and a parent’s involvement. 

How can a child’s online activity be used in court?

There are a lot of differing opinions about how much online activity is “too much” for a child, and one parent seeking to demonize the other may point to their child’s internet usage and say it is:
  • Evidence the child lacks supervision: If a child’s account reflects risky or inappropriate behavior (even jokingly) like substance use, dangerous activities or explicit content, it can raise questions about a parent’s failure to provide proper guidance or supervision.
  • Signs of parental alienation: Social media can also reveal how a child views each parent. Posts, comments and messages that reflect hostility toward one parent may be used to support claims of parental alienation, and that can support a custody modification.
  • Indicative of mental health concerns: A child’s online behavior may also raise concerns about their emotional well-being. Posts suggesting depression, anxiety, self-harm or extreme distress can become part of a custody case if one parent seems to be unaware of, indifferent to or outright ignoring the issue. 
  • Reflective of their parenting and home environment: In some cases, a pattern of concerning online behavior tied to one household can be used to argue that a parent is not providing a stable or safe environment. Judges may look at whether a child’s posts indicate that their home life is chaotic or unsupportive of their emotional needs.
Even content that feels private or is “restricted” to friends and family only can still end up in court. Once something is online, there’s no reasonable expectation of privacy that will prevent it from being used. 

How can you protect your position in a custody case?

You don’t have to control everything your child does online. You do, however, need to:
  • Monitor your child’s social media use in an age-appropriate way
  • Set clear rules about what can and cannot be posted
  • Talk openly about online safety, privacy, and digital reputation
  • Address any concerning behavior early rather than ignoring it
  • Avoid discussing custody disputes or the other parent online
Ultimately, it’s important to remember that online activity is not created in a vacuum – and it has real-world implications. Your child is not capable of understanding just how significant their online activity can be, so you have to be conscious of the issues for them. If you’re involved in a contentious custody case, experienced legal guidance can help you navigate the situation as effectively as possible. ]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Is an inheritance marital property in an Arkansas divorce?]]> https://www.robertson-law-firm.com/?p=57330 2026-04-12T11:44:51Z 2026-04-12T11:44:51Z their separate property when they divorce. An inheritance is one of the few types of property that can remain separate property when spouses divorce. However, it is still possible for the inheritance to end up included in a marital estate and subject to equitable distribution rules in some cases.

When is an inheritance vulnerable?

Generally speaking, inheritances are separate property, as are gifts received from third parties and property owned prior to the marriage. The spouse claiming an inheritance as their separate property typically needs to provide financial records showing how they acquired the property and that they maintained it as separate from the marital estate during the marriage. If the other spouse can show that commingling occurred, then the inheritance may be at risk of division during the divorce proceedings. Commingling can take on many forms when discussing an inheritance. Depositing a financial inheritance into a joint account is an act of commingling. So is adding a spouse to the ownership paperwork for any inherited assets, such as vehicles and real estate. Additionally, there can be questions about commingling in cases where one spouse used marital income to maintain their inherited assets or accepted unpaid labor from their spouse for that purpose. Those hoping to protect an inheritance during an Arkansas divorce often need to conduct a thorough financial review with the help of an attorney. Preparing in advance for likely property division complications can help Arkansas spouses protect themselves. An inheritance can generally remain separate property so long as spouses did not commingle assets and have the financial records to prove their claims.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Digital evidence in Arkansas custody cases]]> https://www.robertson-law-firm.com/?p=57305 2026-02-20T00:12:02Z 2026-02-20T00:11:24Z Arkansas custody disputes, judges focus on the child’s best interest. Digital evidence can influence this analysis because it can help to get a better idea of the parenting relationship. The same material often affects the divorce case as a whole because it can reveal financial activity or misconduct that impacts property division and support determinations.

What counts as digital evidence

Digital evidence can include everything from texts and emails to social media posts and location data. Courts and attorneys will review proposed digital evidence and evaluate authenticity.

How digital evidence influences custody outcomes

Digital records can support or undermine claims about co-parenting, substance use, household stability or involvement in school and medical care. Examples that can play a role in these decisions include:
  • Messages showing threats, harassment or refusal to follow visitation schedules  
  • Posts, photos, videos showing intoxication, unsafe supervision or inappropriate companions around the child  
  • Location data, timestamps or app activity contradicting testimony about pickups, overnights or work schedules  
  • Communications with teachers, doctors or caregivers showing engagement or lack of engagement
The strongest cases for custody connect digital evidence to the child’s welfare, then show a consistent pattern over time.

How digital evidence can make or break the divorce case

Custody issues are just part of the divorce case. Digital evidence often shapes settlement positions, temporary orders and final decrees. Financial records from banking apps, Venmo type transfers and online account statements can reveal undisclosed income, unusual spending or dissipation of marital funds. Social media activity can also affect credibility, employment claims and requests for spousal support.

Admissibility, authentication, preservation

Although digital evidence is often allowed in these cases, Arkansas courts still require admissible evidence. Parties should preserve originals when possible and document collection methods to better ensure courts allow the use of the proposed evidence when deciding the case.   Digital evidence can play an important role in child custody matters and the divorce as a whole. This evidence can help to clarify parenting fitness and provide a better picture of the financial reality of the case. Strategic handling and proper authentication often determine whether digital evidence persuades the court or backfires.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[Can my child choose who to live with in Arkansas?]]> https://www.robertson-law-firm.com/?p=57303 2026-02-05T06:08:17Z 2026-02-05T06:08:17Z The “best interest of the child” standard Courts in Arkansas, like anywhere else in the country, make custody decisions based on one guiding principle: your child’s best interests. This standard puts your child’s well-being above all other considerations, including what you or your former spouse might prefer. To complete a picture of what this looks like, judges consider multiple factors, which include:
  • Your child’s physical and emotional needs: Courts look at which arrangement can better meet daily care requirements for your child.
  • Parental stability: Your living situation, employment history, financial resources and ability to provide a consistent, secure environment are all important elements in the equation.
  • The parent-child bond: Judges look at the existing relationship between each parent and child, including who has been the primary caregiver and the quality of those relationships.
  • Each parent’s willingness to support the other: Courts favor parents who encourage their child's relationship with the other parent rather than those who create conflict or interference.
  • Any history of abuse or violence: To ensure the child’s safety, courts carefully investigate any allegations of domestic violence, child abuse or substance abuse.
No single factor automatically decides the outcome of a custody case. A judge carefully balances all these elements to make a final decision.

Balancing your child’s wishes with legal reality

Hearing your child express a clear choice during divorce can feel like the most important factor in the world. While their feelings absolutely deserve respect and consideration, the court also has to make sure that those wishes align with their health, stability and long-term welfare. This approach protects children from carrying the heavy burden of adult decisions while still giving their voices meaningful weight.]]>