Grandparent Visitation Rights in Arkansas
Arkansas law upholds the primacy of the natural parents' decisions in raising their children, and will not second-guess the decision of the natural parents if they choose to deny grandparent visitation. Where there has been a breakdown in the relationship of the natural parent with the child or where there has been previous custody by the grandparents, they may petition the court for visitation.
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Primacy of the Natural Parents
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Family courts in Arkansas seek to determine the best interests of the child in making determinations such as custody, visitation, and support. However, the U.S. Supreme Court decision in Troxel v. Granville (530 U.S. 57) re-emphasized the natural parents' fundamental rights to make decisions concerning care, control and custody of the children. Therefore, where the natural parental relationship is intact and present, grandparents have no right under Arkansas law to demand or force visitation.
Arkansas Family Law Section 9-13-103
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Grandparents may petition the Arkansas chancery court for reasonable visitation rights where the natural parental relationship has been severed due to death, divorce or legal separation; or where the child is illegitimate. In these cases, since the natural parent relationship is broken, grandparents may seek visitation if they can overcome a rebuttable presumption that the current custodian's decision in restricting or denying visitation is in the best interests of the child. The court will make an intensive fact-specific inquiry into the grandparents and their relationship with the grandchild in making this determination.
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Previous Custody of Grandchild
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Where the grandparents have had previous sole custody of a grandchild, continuing that relationship may be deemed in the best interests of the child. In Grant v. Richardson (No. CA 08-556), the Arkansas Court of Appeals concluded that since there was evidence that the relationship would end if visitation were not ordered (due to hostility of the natural parents) coupled with the harm to the children of ending the existing relationship, visitation was in the best interests of the grandchildren.
Mediation
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Arkansas chancery courts prefer that parties come to amicable agreements over important issues such as child visitation, and thus will order mediation if mediation services are available and a party agrees to pay for the mediation. It is a good idea for grandparents seeking visitation to offer to pay for mediation in an effort to come to an acceptable arrangement. Note that the records and notes created during the mediation process will not be reviewed by the chancery court in making a visitation determination, so do not worry about sensitive facts or issues becoming a matter of public record.
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References
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