For the following people:
any grandparent or great-grandparent of a child born during a marriage
the maternal grandparent of a child born outside a marriage
the paternal grandparent of a child born outside marriage, if a court has established paternity
At the following times:
when a marriage between the parents of the child has ended by death, divorce, or legal separation
when custody or guardianship of the child has been granted to a person other than a parent by a court
Not at the following times:
when the parents are married to each other and refuse grandparent visitation
when parental rights of the parents have been taken away by a court
If 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. “Rebuttable presumption” means that the judge will begin a hearing believing the decision of the parent with custody is correct and it is up to the grandparent to prove that the parent’s decision is wrong.
To do this, a grandparent must prove that the denial of visitation by the parent with custody is not in the best interests of the child. A grandparent wanting visitation must prove in court the following:
To establish a viable relationship, the grandparent wanting visitation must prove in court at least one of the following:
To establish visitation is in the best interests of the child, the grandparent must prove in court all of the following:
The police have no authority to enforce a visitation order. If either the parent with custody or grandparent does not follow the Visitation Order, the parent with custody or grandparent must go back to court to make everyone follow the order.