Does My Children's Grandmother Have Visitation Rights?

[motherofark]

My fiance and my childrens father died early this year. I have always had a great relationship with his mother. She lives in CA but we had weekly phone conversations and would either go to CA or she would come here to visit a week out of every year. When my fiance died we were still close. A year in a half ago she had put a down payment on a house in her name here in AR. We moved there and paid her the house payment every month. We put renovations into it and there were never any problems between us. About three weeks after the death of my fiance she was giving me all these stipulations on what was going on and who could be there. I was leaving to go stay with my sister out of state for about two weeks, I have a younger sister who is 20, I had asked her to house sit while I was gone. I had two large dogs that required care. She had a problem with that. She called me saying she was selling the house and that the realter was coming in a couple of days to look at it. I was devastated. I had no home. I wound up coming back in two weeks packing all my things and moving with my sister out of state. She meade no contatct with me for a month in a half, not even to check the status of her grandchildren. I called her one night trying to mend all the things that had gone wrong. We were on good terms again. I stayed in contact with her for about 3 months. Just about 8 weeks ago I haven't had any contact. She has tried to call about 3 times and her daughter has tried about the same. She allowed us to care after her 15 year old daughter for 6 months, because she said she was getting into trouble where they lived. She is on anti-deppressants, two out of three children have went to live with someone else at 15. She has goneto counseling for depression for about 4-5 years. She also goes to therapy for being molested by her father. I just feel that my children are happy, healthy, and well off. They do not need someone like her in their life. I was just wondering if she would have any rights to see them.

[Baystategirl]

What state are you in now?

[motherofark]

I live in Arkansas.

[aaron]

The governing Arkansas statute, A.C.A. § 9-13-103, provides:

(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.