Robertson, Oswalt, Nony & Kennedy PLLC Robertson, Oswalt, Nony & Kennedy PLLC 2026-05-21T16:16:50Z 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[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.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[How property is divided in an Arkansas divorce when only one spouse worked]]> https://www.robertson-law-firm.com/?p=57260 2025-11-22T06:22:08Z 2025-11-22T06:22:08Z Divorce often raises difficult questions about money and property. One common concern appears when only one spouse earned income during the marriage. In Arkansas, people often assume the spouse with earnings automatically keeps more. However, that is not how the law works. Instead, Arkansas uses an equitable division system that focuses on fairness rather than simple math.

Equitable distribution in Arkansas

Arkansas divides marital property according to what is fair. This does not always mean an equal split. The court reviews the full picture of the marriage to decide how to divide assets and debts. Because of this, a spouse without income is not at a disadvantage by default.
Marital property usually includes assets gained during the marriage. Even if only one spouse worked, the income earned during that time is still viewed as part of the shared marital estate. Therefore, both spouses have rights to it.

What the court considers when one spouse did not work

When only one spouse earned income, the court looks at several factors to reach a fair outcome. These factors help the judge understand each spouse’s role in the marriage, including non-financial contributions.
Before dividing property, the court often reviews:
  • Length of the marriage, which can show how long one spouse relied on the other for financial support
  • Each spouse’s earning ability, both now and in the future
  • Contributions to the marriage, including childcare, homemaking and support that allowed the working spouse to focus on a career
  • Standard of living during the marriage and how the division may affect each person going forward
  • Age and health, which may impact a spouse’s ability to become financially independent
These factors help highlight the value of unpaid work. Arkansas recognizes that running a home or caring for children supports the working spouse’s ability to earn income.

Why an unequal division may still be fair

Even though the law starts with the idea that a 50/50 split is fair, the court can divide property in different proportions when the facts support it. For example, a spouse who stayed home for many years may need a larger share to regain financial stability. Judges can adjust the division to reach a result that protects both spouses after the marriage ends.

The role of nonmarital property

It is important to note that property owned before the marriage or received through a gift or inheritance is usually kept by that spouse. Still, if nonmarital property increased in value due to efforts during the marriage, the court may examine that growth more closely.
]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[How can unmarried fathers establish shared custody?]]> https://www.robertson-law-firm.com/?p=57261 2025-11-07T07:31:26Z 2025-11-07T07:31:26Z Shared custody requires established paternity For a father to secure sole or shared custody, the state must acknowledge him. Married men automatically gain paternity when their wives have children. Unmarried fathers have to file paperwork with the state or go to court to establish paternity. If the mother and father agree about the need to establish paternity, they can jointly execute an Acknowledgment of Paternity and have the man's name added to the child's birth certificate. If the mother does not agree to acknowledge the father or there have been questions about paternity, then going to court might be necessary. The courts can order genetic testing, which can help validate a man's parentage of the child. Once either paperwork or paternity testing confirms a man's parentage, he can then ask the courts for the same parental rights and responsibilities allocated to any other parent, including mothers and married fathers. Taking appropriate steps to establish paternity can help fathers make use of their parental rights and preserve their relationships with their children even when other family relationships change. Fathers facing complicated custody and paternity cases may benefit from securing support as they navigate the family law system.]]> On Behalf of Robertson, Oswalt, Nony & Kennedy PLLC <![CDATA[2 tips to help professionals prepare for Arkansas custody battles]]> https://www.robertson-law-firm.com/?p=56352 2025-10-23T09:23:03Z 2025-10-28T09:22:41Z Document your involvement In Arkansas, family courts encourage couples to have a joint custody arrangement, as the presence of both parents is in the child’s best interest. However, this can change if there is evidence that such an arrangement would be harmful to the child. For instance, your former spouse might use your profession and packed schedules to prove that you are unable to care for the child adequately. You can counter their claim and demonstrate your involvement in your child’s life with documentation such as:
  • Photos or videos of attending your child’s school events
  • Receipts of your child’s medical appointments
  • Records of picking up your child from school after your work shift
  • Documents of a prepared daily routine for your child
  • Shopping invoices for items that your child needs
These can show that you can still provide for your child while sustaining a professional life.

Propose flexible custody arrangements

The courts encourage couples to produce an effective parenting plan that ensures children can spend time equally with their parents. For this to work, you must be flexible in negotiating with your former partner. You can propose a parenting schedule that works for you and your co-parent. For instance, if you work long hours during the week, you may suggest having your child on weekends or during your days off.

Finding valuable support during child custody disputes

Balancing a career with parental responsibilities is no small feat. Consulting with a family law attorney can provide support in your unique circumstances. They can walk you through your rights and help you build a strong case that advocates for you and your child’s best interests.]]>