Geoffrey D. Kearney

As a general practice attorney, I assist people and businesses in a host of areas, including personal injury, employment discrimination, criminal defense, divorces, and appeals. I am based in Pine Bluff, Arkansas, and accept cases throughout Arkansas and in some parts of Missouri (primarily the greater Kansas City and St. Louis areas). I look forward to discussing the possibility of working with you on your legal matter.

Arkansas

Arkansas Judiciary

Since 2012

Missouri

The Missouri Bar

Since 2019

The Law Office of Geoffrey D. Kearney, PLLC

Current

Judicial Law Clerk

U.S. Court of Appeals for the Eighth Circuit

2018

Judicial Law Clerk

U.S. District Court for the Southern District of Illinois

2017

Harvard University

B.A. | Government

University of Arkansas School of Law

J.D. (2012)

Honors: Cum Laude

Arkansas State Bar

Member

Current

Both Sides of the Coin: Arkansas’ New Child Support Guidelines

The Arkansas Lawyer

2020

Q. Can a mother deny father visitation if they were never married and there is no court agreement? Assq

May 18, 2021

A: Possibly. Outside of the parents being married when the child is born or going to court, paternity can also be established by signing an Affidavit Acknowledging Paternity, which is generally made available at the hospital when the child is born. If paternity has not been established by any other manner, the father is likely to be considered a legal stranger who has no rights to the child. Filing a paternity action is a common way for fathers to deal with this sort of problem, as it is a way to establish a legal relationship with their children and have a visitation arrangement put in place. Consider contacting a family law attorney about your options.

Q. Can a termination of parental rights stand if there is insufficiency of process services?

May 18, 2021

A: As is so often the case in legal matters, it depends. Arkansas law, like that of many states, takes the obligation to serve a responding party quite seriously, and failure to serve can be a basis for reversal on appeal. However, Arkansas’ appellate courts are also strict about the circumstances under which they will consider an argument on appeal. For instance, in several cases over the years, parents who lost their parental rights and argued on appeal that they were not properly served were not allowed to advance those arguments because they had not made them in circuit court. So, if there was no service made but the parent showed up and didn’t object, an appeal based on this issue Is less likely to lead to a reversal than if, say, no service was made and the parent showed up but objected to lack of service or no service was made and the parent did not appear at all due to lack of notice.

Even in the latter circumstances, this might be something to consider addressing by post-trial motion as opposed or in addition to an appeal. Consider contacting an Arkansas appellate lawyer soon. ... Read More

Q. If my brother confess to leaving his firearm in my car and I'm a felon can I beat the charge if I didn't kno

May 10, 2021

A: The question does not make clear whether you’re referring to a charge of being a felon in possession under federal law or Arkansas state law, but the standards for both are fairly similar. Whether in state or federal court, the prosecution would generally have to prove possession of the weapon and some level of intent. Claiming that a gun was placed in one’s car without one’s knowledge would go to both issues, as the defense would essentially be that a person cannot exercise authority and control over something they don’t know is present, and even if one could be “in possession” of it under these circumstances, they certainly didn’t do so intentionally or knowingly.

The owner’s word and documentation backing up this claim might be helpful. And it could persuade the prosecution that the case should be dropped. But if not, it’s unlikely that a court would decide that the charge would have to be dismissed. Rather, a judge would likely decide that these are “fact questions” that need to be decided by a jury, and the defendant would have to make their case at trial. ... Read More