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  1. #1
    Join Date
    Apr 2007
    Posts
    1

    Default Arkansas Grandparent Visitation Rights

    Until a week ago, we have had a great relationship with our grandchildren. My son married a girl with a 3 year old 8 years ago. That child was our first grandchild and we have always treated her as such. My son and his wife have since had two other children. We have always been very careful to treat our first grandchild at LEAST as well if not better than the other two because her mother is extremely sensitive about her being a step grandchild. We have never even referred to her as such. Our daughter-in-law got mad last week because she didn't think the birthday gift we gave our first grandchild was a big enough gift. We thought it was a very appropriate gift for an 11 year old. The child acted like she was thrilled with it so we never dreamed the mother wasn't. The next day, we received email telling us that we would no longer be allowed to see any of the three grandchildren because we had slighted the first one. My daughter-in-law claimed that she had known all along that we hated her and that she had put up with it until we started taking it out on her daughter. None of this is true. We have always treated her the same as we treat out daughter and have always supported her in anything she has attempted. We have treated her daughter as our own flesh and blood and now she is denying us visitation with not only HER daughter, but the other two grandchildren as well who are 6 and 2. My son won't cross her for anything because she is vicious and would kick him out if he did. This is the second marriage for both and my son says no matter how bad it gets, he won't go through another divorce.

    Can they really get away with breaking our hearts and my grandchildren's hearts as well by denying us visitation for something as stupid as an unappreciated birthday gift? Normally we spend time with the grandbabies at least 5 days per week and that has always been the case until last week. Now she is even threatening to get a restraining order if we don't stay completely away from their family. My son and daughter-in-law show extreme favoritism toward the 11 year old over the other two. It is extremely obvious that the 11 year old controls the whole household and family. I just can't believe that they can ban us from seeing the children when we have been such a large part of their lives up until now.

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Arkansas Grandparent Visitation Rights

    Do you think a lawsuit will help the situation?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Arkansas Grandparent Visitation Rights

    I don't see anything in Arkansas law which would grant you legal access to a step-grandchild. The grandparents visitation statute appears to apply only to children born out-of-wedlock or following the end of the parents' marriage:
    Quote Quoting Arkansas Statutes § 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.

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