Results 1 to 5 of 5
  1. #1
    Join Date
    Oct 2006
    Posts
    2

    Default What are Grandparents Rights in Arkansas

    We are from Northeast AR and are having a problem with our daughter and her husband selling drugs. This is the second time we have confronted them about it and now they will not let us see our granchildren. We have always been an active part of our grandchildrens lives and miss them very much. I used to pick them up from school every day and now they have removed me from the list and I cannot obtain any information about the children at all. They let the children miss a lot of school or they are repeatedly tardy. Recently one of them had a birthday and we were not invited to the party so we had our own party for the child the next time we got to see him. When it came time to take them home they expressed they wished they could live here. They knew that their daddy had recently whipped their mother and had witnessed it. We are just concerned about the enviornment they are in and would at least like to seen them on a regular basis to monitor their welfare. The kids had asked if they could spend the night last night and when we called to see if we could come get them they refused to let them come. What is our next step. We do not even have phone contact with the children. PLEASE HELP!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,165

    Default Re: What are grandparents rights in Arkansas

    The Arkansas grandparents' rights statute which appears applicable to your case says:
    Quote Quoting Arkansas Code 9-13-103. Visitation rights of grandparents when the child is in the custody of a parent.
    (a) For purposes of this section:
    (1) "Child" means a minor under the age of eighteen (18) of whom the custodian has control and who is:
    (A) The grandchild of the petitioner; or

    (B) The great-grandchild of the petitioner;
    (2) "Counseling" means individual counseling, group counseling, or other intervention method;

    (3) "Custodian" means the custodial parent of the child with the authority to grant or deny grandparental visitation;

    (4) "Mediation service" means any formal or informal mediation; and

    (5) "Petitioner" means any individual who may petition for visitation rights under this section.
    (b) A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:
    (1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;

    (2) The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or

    (3) The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.
    (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.
    (f)
    (1) An order granting or denying visitation rights to grandparents and great-grandparents shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation under this section.

    (2)
    (A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise.

    (B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation.

    (3) An order granting or denying visitation rights under this section is a final order for purposes of appeal.

    (4) After an order granting or denying visitation has been entered under this section, the custodian or petitioner may petition the court for the following:
    (A) Contempt proceedings if one (1) party to the order fails to comply with the order;

    (B) To address the issue of visitation based on a change in circumstances; or

    (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.
    (g)
    (1) A court may order mediation services to resolve a visitation issue under this section if:
    (A) Mediation services are available;

    (B) Both parties agree to participate in mediation services; and

    (C) One (1) or both of the parties agree to pay for mediation services.
    (2) Records, notes, reports, or discussions related to the mediation service shall not be used by the court to determine visitation under this section.
    (h)
    (1) A court may order counseling to address underlying matters surrounding the visitation issue under this section if:
    (A) Counseling is available;

    (B) Both parties agree to participate in counseling; and

    (C) One (1) or both of the parties agree to pay for counseling.
    (2) Records, notes, reports, or discussions related to the counseling shall not be used by the court to determine visitation under this section.
    If your daughter and her husband are in fact selling drugs, your better choice is probably to consult a lawyer about the possibility of seeking guardianship. (But that means taking them into your custody, not just visiting or getting visitation.)

  3. #3
    Join Date
    Oct 2006
    Posts
    2

    Default Re: What are grandparents rights in Arkansas

    We would love to have guardianship or custody either one if we can get it. Our daughter and her husband have sold drugs in the past and about 5 years ago he was picked up leaving a well known drug house while in a vehicle owned by the company he worked for. He had about one ounce of pot on him and they let him narc on a couple of guys he had been selling to and they let him go. Of course, he lost his good job but they let him go. I had already been to the police and DTF in our area and had told them that they were selling drugs two months prior to him being stopped. I gave them social security numbers, birth dates, make and model of vehicles owned with license numbers and lots of other information. I just did not feel like I got their attention. Our son-in-law had already been assaulted at home when he answered the door late one night and their home had been broken into three times prior to the assault. The moved back to where we live and we helped them fix up a nice house and they said they were going to make a new start. Now here they are, right back in the business again. Our daughter stopped coming around and when she would bring the kids or come to get them she would never come in or spend time. I knew the signs from the previous time they sold so I began to watch the house and ask the neighbors questions. I would drive by at random times and see different vehicles coming or going every time. All the typical signs were there. Trashy people hanging around all the time, people we knew are associated with drugs. Of course they always lie about things and when we confront them they get defensive and mad. The children ARE being neglected and have expressed that they would like to live here and we want them to live here, out of that mess, but can we take them to court without proof that they are selling drugs? Do they have to be busted or what type proof do we need? We will have no problem getting the neighbors to testify on our behalf because they have expressed concerns over the childrens welfare. My husband and I were born and raised right here and are well known in the community. We have a good home (married 34 years) and have lived in the same home for 31 years. We can provide love, safety and stability for these children and that is what they really need. What type of proof do we need to take action?

  4. #4
    Join Date
    May 2007
    Posts
    5

    Default Re: What are grandparents rights in Arkansas

    dear nanna55,

    we don't mean to dash your hopes, but there is something you also need to know about grandparents rights in arkansas, they are virtually impossible to get unless one on the parents are deceased, and you are the parent of the deceased parent of the grandchild, or a parent of the grandchild is incarcerated and you are the parent of the incarcerated parent. we have a lot of experience when it comes to arkansas grandparents rights, we got very familiar with them when we adopted our grandson, six years ago, and we have had him ever since he has been 4 months old. we recently were forced to making the decision of not allowing our son , our daughter in law, and her parents to visit no longer with our son. the only way we would have had to , if our daughter in law would have been deceased prior to the adoption. we have frends that work for the secretary of state that was seeking court ordered grandparents rights, the state attorney general, told them good luck, after looking at the laws on the books. the guildlines to court order grandparents rights are very hard to establish, and even if you get them, it would probably at the most be visitation set by the custodial parent , or guardian and in their home and in their presence if they so state. Also, they could say once a year and only give you from 2 to 8 hours of visitation a year and the court would consider it reasonable, if the custodial parent or guardian said it was in the best interest of the child, unless you can prove and establish the stringent rules and guidlines that you had a very , very , establish relationship, and you had at some time had actual cosecutive and continual care of the grandchild at one time or another for atleast six months. It is very hard to obtain, and in Arkansas, whew, we were very lucky and took action, and gave the parents and other grandparents enough rope to hang themselves, and that only took 4 months in our case and we had an attorney, CPS for DHS on hand, and we got him fast and before the court, and adopted in six months. Total cost for this , was under $1000.00 . we get down on our hands and knees everynight and thank god. he is now our son, our childrens ages, are now 6, 24, 26, and 31, we have four grandchildren by our daughter. don't hesitate to take action, but when you do, make sure your have the proof, ability, and skilled attorney, and CPS /DHS workers on your side.

  5. #5
    Join Date
    Oct 2008
    Posts
    1

    Default Re: What are Grandparents Rights in Arkansas

    I read all these posts about grandparent rights in Arkansas. My situation is a bit different from these as I have established a relationship with my granddaughter by visiting with her three times a week for one hour each visit for the last 2 1/2 years, which is what my son's visits were with his daughter, he may not have been able to make it to see her but I did. She has got to the point where she wants to go with me, she wants to get in my vehicle, inside their home when she goes to another room she looks back to make sure that I'm still there and not trying to leave. My ex-daughter-in-law wrote me a note telling me that we had to come on certain days and if we didn't come on those days it wasn't her problem because the judge said we had to go by what was convenient for them (the judge said no such thing). I have a feeling that they're (her & her parents) are trying to make it difficult for us to see her. In your opinion, do you think trying to get grandparents right established for me would be a lost cause?

    1. Sponsored Links
       

Similar Threads

  1. Grandparents and Third Parties: Grandparents Rights Law in Arkansas
    By shale in forum Child Custody and Visitation
    Replies: 1
    Last Post: 05-03-2011, 03:07 PM
  2. Grandparents and Third Parties: Grandparents Rights in Arkansas
    By Lisa Writtenhouse in forum Child Custody and Visitation
    Replies: 15
    Last Post: 01-06-2009, 09:22 AM
  3. Grandparents and Third Parties: Grandparents Rights in Arkansas
    By charliesgirl in forum Child Custody and Visitation
    Replies: 15
    Last Post: 08-26-2008, 09:25 AM
  4. Grandparents and Third Parties: Grandparents rights in Arkansas
    By psday64 in forum Child Custody and Visitation
    Replies: 15
    Last Post: 05-10-2007, 05:49 AM
  5. Grandparents and Third Parties: Grandparents Rights in Arkansas
    By hopemarie in forum Child Custody and Visitation
    Replies: 5
    Last Post: 05-10-2007, 04:48 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document