Re: Hunter and Bella (attorney’s perspective)

Hey ya’ll,

Family law attorney here. I wanted to give some general context to the alleged ongoing custody dispute involving Hunter and/or Wes.

Laws around custody are very state-specific, and I don’t practice in their state (Arkansas, I think?), so this is just general information, not legal advice.

In most jurisdictions, the standard for deciding custody is the “best interest of the child.” Under that standard, it’s entirely possible Hunter’s dad could be awarded temporary legal/physical custody of Hunter (legal custody is a different story long term and often goes to trial). That said, Hunter appears to be old enough that a court would likely consider his preferences and give them some weight. In my state, he’d be eligible for his own attorney.

As for Hunter’s dad seeking custody of Wes, that’s **much** less likely. Absent something like a formal guardianship, courts typically won’t grant custody to a grandparent over two living parents unless both parents agree or the grandparent can prove both are unfit. Without that, it’s usually a nonstarter, even on a temporary basis. Even a temporary order of custody may require that the grandparent was in the child’s life in the same way a parent would be (aka “in loco parentis”).

Child protective services likely aren’t involved because both Bella and Hunter are/were minors. I had a client whose daughter was >!sexually assaulted!< by her dad’s girlfriend’s son, and the report was screened out because the parent wasn’t a part of the incident. My version of child protection said there was nothing they could do because both parties were minors.

Again, not legal advice, just general insight. In my experience, situations like this can and will drag on for years. I have a custody case that has been in the court since 2013.