Grandparents' Rights in Arkansas

 

It is becoming increasingly common these days for Grandparents to act as the primary caregiver for their grandchildren. In fact, Arkansas has one of the highest rates of grandparents caring for their grandchildren in the Country. When this situation occurs, it is important to understand what rights grandparents have.  

GRANDPARENT VISITATION:

Grandparents do not have the same rights as the children’s parents do when it comes to making decisions for the children. The Court presumes that a custodial parent is acting in the child’s best interest when it comes to making decisions about grandparent visitation.  In order to gain rights to visitation with your grandchildren, certain factors must be met.  The first factor is that you are the child’s grandparent or great-grandparent, and that the child’s parents’ relationship has been terminated either by death, divorce, or separation. 

There are two requirements that you as a grandparent are required to prove to overcome the presumption that the custodial parent is acting in the child’s best interest in denying you visitation. The first is that you have had a significant relationship with the grandchild. To prove a significant relationship, you must show that either; 1. The child lived with you for at least six months, 2. You were the regular caregiver for the child for at least six months, or 3. That you had regular and frequent contact with the child for at least twelve months.  The second requirement that you must prove is that visitation with you would be in the best interest of the child. To show this, you must prove that you have the capacity to give the child affection, love, and guidance, that the loss of your relationship would be harmful to the child and that you are willing to cooperate with the custodial parent if visitation is allowed.

GUARDIANSHIPS:

If you are currently caring for your grandchildren because the parents are unable or unwilling to do so, you can file a Petition to become the legal guardian of the children. A guardianship gives you the legal right to act on the child’s behalf. 

To become a guardian in Arkansas, you must be an Arkansas resident, at least 18 years old and be of sound mind. If you have a felony conviction, you must disclose it to the court. To become a guardian, you must first file a Petition in the county where the proposed ward (your grandchild) lives. You will have to give notice to the child’s parents and any other interested parties, such as DHS. You will have to have a hearing before a judge to explain why you are asking for guardianship and prove your case. If the Judge grants the guardianship, you will be able to make decisions (school, medical, etc.) for the children with legal authority.

Filing a Petition to establish grandparent visitation or to become a guardian can be a complicated process.  Having an experienced attorney on your side can make all the difference in winning your case. If are a grandparent and have questions regarding your rights, please contact our office to set up a consultation.

Kristen Komander is an attorney at Bogart, Small + Associates where she leads the firm's family practice group. She focuses her practice exclusively on family law and represents clients in divorce and custody proceedings, child support issues, and guardianships. She is also a certified Attorney Ad Litem.

Bogart Small, + Associates is an award-winning Northwest Arkansas-based law firm focused on representing individuals, families, and small businesses in all immigration matters, as well as criminal defense, family law, and compliance matters.