Visitation rights of grandparents when parent does not have custody of child — Definitions

  1. Law
  2. Arkansas Code
  3. Family Law
  4. Domestic Relations
  5. Child Custody and Visitation
  6. General Provisions
  7. Visitation rights of grandparents when parent does not have custody of child — Definitions

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  1. (a) For purposes of this section:

    1. (1) “Child” means a minor under eighteen (18) years of age who is:

      1. (A) The grandchild of the petitioner; or

      2. (B) The great-grandchild of the petitioner; and

    2. (2) “Petitioner” means any individual who may petition for visitation rights under this section.

  2. (b) A grandparent or great-grandparent may petition the circuit court that granted the guardianship or custody of a child for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if the child is in the custody or under the guardianship of a person other than one (1) or both of his or her natural or adoptive parents.

  3. (c) Visitation with the child may be granted only if the court determines that visitation with the petitioner is in the best interest and welfare of the child.

  4. (d)

    1. (1) An order granting or denying visitation rights to grandparents and great-grandparents under this section shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation.

    2. (2)

      1. (A) If the court grants visitation to the petitioner under this section, then the visitation shall be ordered and exercised in a manner consistent with an order for grandparent visitation with a child awarded under § 9-13-103, which is distinct from a custody and visitation schedule awarded to a parent in a divorce case, unless the court makes a specific finding otherwise.

      2. (B) If the court finds that the petitioner's visitation should be restricted, limited, or expanded in any way, then the court shall include the restrictions, limitations, or expansions in the order granting visitation.

    3. (3) An order granting or denying visitation rights under this section is a final order for purposes of appeal.

    4. (4) After an order granting or denying visitation has been entered under this section, a party may petition the court for the following:

      1. (A) Contempt proceedings if one (1) party to the order fails to comply with the order;

      2. (B) To address the issue of visitation based on a change in circumstances; or

      3. (C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.


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