Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Arkansas USLegal Guide to Grandparent Visitation
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US-GDE-04
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Hear this out loud PauseGrandparents in Arkansas can file a petition for visitation with grandchildren in a circuit court, if one of the following events occurs: the child's parents are no longer married due to death, divorce, or legal separation. the child is illegitimate, and the maternal grandparent wants visitation, or.
Legally, grandparents do not have specific rights to see their grandchildren. The parents of the child have the right to determine who the child spends time with, including whether grandparents have any right to spend time with their grandchildren.
39.0139. (1) Grandparent visitation may take place in the home of the grandparent unless there is a compelling reason for denying such a visitation. The department's caseworker shall arrange the visitation to which a grandparent is entitled pursuant to this section.
Grandparents in every state in the country have rights. They can gain custody or court-mandated visitation with their grandchildren. Grandparents' rights do not come from the Constitution, nor do they exist traditionally.
It occurs when grandparents are unreasonably denied meaningful opportunities to have a relationship and spend time with their grandchildren. It can vary from not being invited to a birthday party right through to no contact with the grandchild at all over a protracted period of time.
Hear this out loud PauseSome states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.
Hear this out loud PauseIn fact, there is no age with which a child can choose where to live. Under Arkansas law, the award of custody shall be made solely in ance with the welfare and best interest of the child.
Hear this out loud PauseIf the parent with custody refuses, grandparents are not automatically entitled to visitation. Under Arkansas law, there is a ?rebuttable presumption? that the parent's decision to deny or limit visitation to the grandparent is in the best interest of the child.