Legal Question in Family Law in Arkansas

Re: grandparents rights

Maybe, but its difficult. In Arkansas, a grandparent may petition the court for reasonable visitation rights of a grandchild if:

(1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;

(2) The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or

(3) The child is illegitimate, the petitioner is a paternal grandparent

of the illegitimate child, and paternity has been established by a court of competent jurisdiction.

However, it the process can be difficult because there is a rebuttable presumption that a custodian's decision denying visitation to the grandparent is in the best interest of the child.

In order to overcome the presumption, the grandparent must prove the following:

(A) The grandparent has established a significant and viable relationship

with the child for whom he or she is requesting visitation; and

(B) Visitation with the petitioner is in the best interest of the child.

Further, in order to establish a significant and viable relationship with the child (to meet the requirements listed above),the grandparent must prove the following:

(1)(A) The child resided with the grandparent for at least six (6)

consecutive months with or without the current custodian present;

(B) The grandparent was the caregiver to the child on a regular basis

for at least six (6) consecutive months; or

(C) The grandparent had frequent or regular contact with the child for at

least twelve (12) consecutive months;

or

(2) Any other facts that establish that the loss of the relationship

between the grandparent and the child is likely to harm the child.

Next, to establish that visitation with the grandparent is in the best

interest of the child (the second part of the test above), the grandparent must prove the following:

(1) The grandparent has the capacity to give the child love, affection,

and guidance;

(2) The loss of the relationship between the grandparent and the child is likely to harm the child; and

(3) The grandparent is willing to cooperate with the custodian if

visitation with the child is allowed.

As you can see there is a lot to the process. I would suggest that you contact an attorney in your area to evaluate the facts of your case and give specifc advise. Good luck.