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A Family Law Affair: Grandparent Rights in the State of Arkansas

LaTrenia Ceasar • Nov 07, 2017

Imagine there is a bundle of joy somewhere out there in the world; connected to you, growing, learning to walk for the first time, learning to read and experiencing all the milestones in life-but without the support of his or her grandparent. What should grandparents do if they are being told by one parent or in some cases both, that they are not welcomed into their grandchildren’s lives? This situation is all too familiar for Arkansas House of Representative Laurie Rushing.

In March of this year, she made very public her woes of not being able to see her grandchildren. After her daughter’s death, her son-in-law denied visitation with her grandchildren. Due to battles like Rep. Rushing experienced and so many cases before hers, laws have been placed throughout history to guard the rights of grandparents.

In Rep. Rushing’s efforts to strengthen these rights, she attempted to change the laws already in place in the State of Arkansas by presenting House Bill 1773. Her motivation behind this bill was to amend grandparents’ rights in custody and visitation matters and for other purposes in such cases as her denied visitation. The House Committee on Aging, Children and Youth, Legislative & Military Affairs has since sent this bill for an interim study.

The Law

There are unfortunate cases where a marital relationship has dissolved due to divorce, legal separation or death of one of the spouses. Currently, Arkansas Code Title 9 must be followed if a grandparent or a great-grandparent petitions the court for visitation.

In some cases, the child may have been born out of wedlock. If that is the circumstance, only the maternal grandparent may petition the court for visitation. The statute allows for the presumption that if one parent is rejecting the visitation of the grandparent; it is because he or she feels it is in the best interest of the child.

Once a grandparent files a petition for visitation, he or she has to invalidate this presumption by not only proving that grandparent visitation is in the best interest of the child, but also that a significant and viable relationship between the grandparent and child exists. This burden of proof should meet the following:

  • Frequent visits between the child and grandparent for at least twelve consecutive months;
  • The grandparent was a caregiver to the child on a continuous basis for at least six consecutive months;
  • The child resided with the grandparent consecutively for six months;
  • Other facts that would show the idea that a broken relationship between the grandparent and the child would significantly harm the child;

In addition to establishing a relationship between the grandparent and child, the grandparent also has to prove:

  • He or she is capable of giving love, affection and guidance to their grandchild;
  • The willingness to cooperate with the parent or custodian if visitation is granted;
  • That a break in the relationship between grandparent and child would possibly cause harm to the child;

If the court grants visitation to the grandparent or grandparents; the specifics of how, when and any restrictions will be ordered in writing. Under this statute, all orders granting or denying visitation rights will be final, subject to an appeal by either the petitioners (grandparents) or the custodians (parents). The petitioner or the custodian also has the option to file for contempt if one party fails to comply with the order or modify the order when there has been a change in circumstances.

Before you petition the court for visitation with your grandchildren or great-grandchildren, it will be beneficial to seek legal counsel from an experienced Arkansas family law attorney who will be able to assist you.

Tripcony, May & Associates provides services in grandparent rights, divorce, child custody, visitation, and other family law matters throughout the State of Arkansas. They currently have two locations in Little Rock and Hot Springs, Arkansas. Please contact one of their offices for a free consultation at (501) 296-9999, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.

About the Author:
LaTrenia A. Ceasar, M.S.L.S., Freelance Writer, has been an employee at Tripcony, May & Associates since 2015.

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