Grandparent Rights

Arkansas specifically grants great-grandparents the same rights as grandparents. Grandparents or great-grandparents may request visitation rights if the parents’ marital relationship has been severed by death, divorce, or legal separation. In addition, visitation may be requested if the child is in the custody or under the guardianship of a person other than a natural or adoptive parent, or if the child is illegitimate. In the case of an illegitimate child, a paternal grandparent may request visitation only if paternity has been established in court.

As in all of the United States, the court must decide that a visitation order would be in the best interest and welfare of the child. If a parent or guardian has denied visitation as not being in the best interest of the child, the grandparent seeking visitation must rebut that presumption. The grandparent must document a “significant and viable” relationship with the child. Such a relationship is presumed to have existed if the child resided with the grandparent for six or more months, the grandparent was the caregiver for six or more months or the grandparent had “frequent or regular” contact with the child for twelve or more months. The grandparent may offer other evidence that the loss of the relationship with the grandparent is likely to harm the child.

Adoption terminates the visitation rights of the natural grandparents.

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