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  1. #1
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    May 2011
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    Default Grandparents Rights Law in Arkansas

    What are grandparents rights in Arkansas?

  2. #2
    Join Date
    Apr 2009
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    Default Re: Grandparents Rights

    Please read this:

    (You can also give us more details if you wish)

    A.C.A. 9-13-103 - Visitation rights of grandparents when the child is in the custody of a parent.
    (c)
    (1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child.

    (2) To rebut the presumption, the petitioner must prove by a preponderance of the evidence the following:
    (A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and

    (B) Visitation with the petitioner is in the best interest of the child.
    (d) To establish a significant and viable relationship with the child, the petitioner must prove by a preponderance of the evidence the following:
    (1)
    (A) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present;

    (B) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; or

    (C) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or
    (2) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.
    (e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner must prove by a preponderance of the evidence the following:
    (1) The petitioner has the capacity to give the child love, affection, and guidance;

    (2) The loss of the relationship between the petitioner and the child is likely to harm the child; and

    (3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed.
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