Grandparents Rights in Arkansas

My question involves grandparents rights in the State of: Arkansas
We have a 9 year old granddaughter who lives in Arkansas. Our son is her biological father but has never been involved in her life. When her mother married 5 years ago our son signed adoption papers making the husband her legal father. We have been a huge part of our granddaughter's life. Both before her mother married and after she married. Unfortunately we had words with the mother and her husband recently and now they won't let us communicate in any way with our granddaughter.
Because of the strict Arkansas law I don't know if we have any legal rights. Can anyone help us? Thank you.

Here's the statute on grandparent visitation when the child is in a parent's custody. Because of legal decisions including those of the US Supreme Court, it is harder to get grandparent visitation but that's true nationwide. If you let me know the county you are in maybe I could point you to an attorney there.


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.

History. Acts 1985, No. 403, §§ 1, 3; A.S.A. 1947, §§ 34-1211.2, 34-1211.3; Acts 1987, No. 17, § 1; 1993, No. 1231, § 1; 1995, No. 1200, § 1; 2003, No. 652, § 1.

Thanks so much for your help. They live in Miller County.

Quote:

---

Our son is her biological father but has never been involved in her life.

---

Was he her LEGAL father as well?

In other words, was paternity established through the courts?

If it wasn't, you will not prevail in a visitation petition.

Quote:

---

Quoting charliesgirl

---

My question involves grandparents rights in the State of: Arkansas
our son signed adoption papers making the husband her legal father.

---

Missy and/or Litigator-

Wouldn't he of had to of been declared/proven the biological father in order to have signed over his rights for adoption?

And if that is the case, and he did sign off his legal rights.. would the grandparents still have rights to petition for visitation?


Grandparents-

Was this adoption formalized in a court, has the mothers new husband in fact been made the adoptive parent legally?

He could have consented to the adoption even if court-ordered paternity had not been established.

9-9-206. Persons required to consent to adoption — Consideration for relinquishing minor for adoption.
(a) Unless consent is not required under § 9-9-207, a petition to adopt a minor may be granted only if written consent to a particular adoption has been executed by:

(1) The mother of the minor;

(2) The father of the minor if the father was married to the mother at the time the minor was conceived or at any time thereafter, the minor is his child by adoption, he has physical custody of the minor at the time the petition is filed, he has a written order granting him legal custody of the minor at the time the petition for adoption is filed, a court has adjudicated him to be the legal father prior to the time the petition for adoption is filed, or he proves a significant custodial, personal, or financial relationship existed with the minor before the petition for adoption is filed;

(3) Any person lawfully entitled to custody of the minor or empowered to consent;

(4) The court having jurisdiction to determine custody of the minor, if the legal guardian or custodian of the person of the minor is not empowered to consent to the adoption;

(5) The minor, if more than ten (10) years of age, unless the court in the best interest of the minor dispenses with the minor's consent; and

(6) The spouse of the minor to be adopted.

(b) A petition to adopt an adult may be granted only if written consent to adoption has been executed by the adult and the adult's spouse.

(c) Under no circumstances may a parent or guardian of a minor receive a fee, compensation, or any other thing of value as a consideration for the relinquishment of a minor for adoption. However, incidental costs for prenatal, delivery, and postnatal care may be assessed, including reasonable housing costs, food, clothing, general maintenance, and medical expenses, if they are reimbursements for expenses incurred or fees for services rendered. Any parent or guardian who unlawfully accepts compensation or any other thing of value as a consideration for the relinquishment of a minor shall be guilty of a Class C felony.

History. Acts 1977, No. 735, § 6; 1979, No. 599, § 2; 1985, No. 467, § 1; A.S.A. 1947, § 56-206; Acts 2005, No. 437, § 1; 2007, No. 539, § 3.

As to the paternal grandparents petitioning for grandparent visitation that gets you back to the other statute which requires a court-ordered paternity finding regarding the father.

Yes, my son was declared the legal father but he gave up his rights and the mother's husband adopted our granddaughter. That is why I don't know if we have rights.

What we need to know is how he was declared to be the father. Was there a court-ordered finding of paternity? What that involves is either the biological father or mother filing a paternity action in court seeking an order declaring that the biological father is in fact the father of the child. From that flows certain obligations and benefits--support, vistitation, etc.

Good Morning,
When the child was born my son had a DNA test showing that he was the father. He paid child support for 5 years even though he didn't see his daughter. When her mother married my son agreed to give up all rights to his daughter and signed adoption papers making the stepfather her legal father. He then stopped child support. Because legally my son is no longer her father, that is why I need to know if we, as the paternal biological grandparents, have rights. We have been a huge part of our granddaughter's life from the beginning. It's only now that we had words with her mother and so now they won't let us even communicate with our granddaughter.

Just want to add that it was court ordered support that my son paid.

Quote:

---

We have been a huge part of our granddaughter's life from the beginning.

---

If you can prove this to the court and prove that not continuing this relationship would be harmful to your granddaughter, you might have a shot at visitation.

If I'm reading Arkansas law correctly, if the child's parents are married and together then the grandparents can't sue for visitation. Legally now, my son is not the father any longer and so her mother and adoptive father are married. Do you know what I mean? My son and her mother aren't married but her mother and the man who adopted her are.

The Arkansas statute is curiously mute on the subject of children who have been adopted.

Some states specify that if the child has been adopted by anyone, grandparent visitation is right out. Others, like Arkansas, are silent.

At this point, you're going to need to consult with an attorney in your area who specializes in Family Law to see if you even have standing to pursue visitation. The first consultation is usually free.

Can you possibly give me a few names of attorneys in Arkansas? My husband and I would like to see if we can setup a phone consultation with a lawyer. We live in NJ but our granddaughter lives in Arkansas so I guess we would have to have someone from there. Thank you for your help.

The Arkansas State Bar Association offers a Find A Lawyer database.

Select Family law and fill in your other criteria.

Thanks so much.