Grandparent Visitation

Making Sure Grandparents Maintain Vital Relationships with Their Grandchildren

In Arkansas, grandparents’ rights are difficult to obtain, but grandparents can still seek visitation rights under limited circumstances:

  • The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;
  • The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or
  • 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.

If a custodial parent denies rights, grandparents can still gain rights by providing evidence of the following:

  • The child resided with the petitioner for at least six (6) consecutive months with or without the current custodial parent;
  • The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; or
  • The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or
  • Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.

Next, in order to establish that visitation with the grandparent is in the best interest of the child, the following evidence must be provided:

  • The grandparent has the capacity to give the child love, affection, and guidance
  • The loss of the relationship between the grandparent and the child is likely to harm the child
  • The grandparent is willing to cooperate with the custodial parent if visitation with the child is allowed

If you are a grandparent looking for custodial or visitation rights to your grandchild, please contact us today.