Understanding Grandparent Visitation Rights in Arkansas
As a grandparent or great-grandparent, you may have legal avenues to maintain a relationship with your grandchildren, even if a parent is restricting visitation. However, pursuing visitation rights can be complex, requiring you to meet several specific legal requirements.
When Can You Petition for Visitation?
To seek court-ordered grandparent visitation, you must first meet the following criteria:
Your Relationship: You must be a grandparent or great-grandparent.
Circumstances Permitting Visitation: One of the following must apply:
Parental Relationship Severed: The child's parents’ relationship has ended due to death, divorce, or separation.
Unmarried Parents: You’re the maternal grandparent (or great-grandparent) of a child with unmarried parents, or the paternal grandparent with established paternity.
Custodial Parent is Unfit: The court finds the child’s primary custodian is unfit.
Adoption by Stepparent: If you are the stepparent of either biological parent, and you adopt the child following the death of the biological parent.
Proving It’s in the Child’s Best Interests
In addition to the above requirements, the court must also see "compelling circumstances" to override the presumption that the parent’s decision is in the child’s best interest. To demonstrate that visitation benefits the child, you’ll need to establish factors such as:
Emotional Connection: The love, affection, and emotional ties between you and your grandchild.
History of Involvement: The length and quality of your relationship.
Health and Welfare: The mental and physical health of you, your grandchild, and the custodial parent.
Impact on the Child: The benefits or detriments of granting visitation.
The Child’s Preferences: If the child is of age, their wishes are taken into account.
Parental Motivation: The reason the parent denies visitation.
Your Motivation: Reasons for seeking visitation must genuinely benefit the child.
Any History of Abuse or Neglect: The court considers any history of abuse, neglect, or domestic violence.
Other Relevant Factors: Any other consideration impacting the child’s best interests.
Steps to Prove Your Case
If visitation has been withheld, you’ll need to demonstrate two key points to the court: that you have a significant relationship with your grandchild, and that continued visitation is in their best interests.
1. Demonstrating a Significant Relationship
You can show a significant relationship by proving at least one of the following:
Your grandchild lived with you (with or without a parent) for at least six months.
You provided regular care for the child for at least six consecutive months.
You had consistent contact with the child for at least 12 months.
Any other facts showing that losing your relationship would likely harm the child.
2. Proving Visitation is in the Child’s Best Interests
To establish that visitation benefits the child, you must prove:
You can provide love, affection, and guidance.
The child’s emotional well-being would suffer from a loss of your relationship.
You are willing to work with the custodial parent if visitation is granted.
Visitation will not interfere with the parent-child relationship.
Example Case
Imagine you’re the paternal grandparent of a child named Grace. Before her father’s passing, you had a close relationship with her, regularly babysitting, taking her to outings, and participating in holidays. However, after his passing, her mother restricted your visits, and you haven’t seen Grace despite numerous requests. After months of being denied, you consult an attorney and decide to file a petition for visitation.
You demonstrate your significant relationship with Grace by showing evidence of frequent contact over the last year and explain that the parental relationship was severed by her father’s passing. You assure the court you are committed to working with Grace’s mother if visitation is granted. In this case, you have a strong basis for visitation rights.
A Cautionary Case
In Drinkwitz v. Drinkwitz (2015), grandparents sought a specific visitation schedule even though the mother allowed visitation. The court ruled against the petition, emphasizing that a formal schedule was unnecessary since the custodial parent was already facilitating visits. This case highlights that each factor is crucial, and courts may deny petitions if visitation isn’t fully restricted.
Navigating Grandparent Visitation
Enforcing grandparent visitation rights can be as challenging as any custody case. If you’re seeking a court order for visitation, schedule a consultation with Leslie to discuss your specific circumstances and explore your options.