Fayetteville Grandparents’ Rights Lawyer

Family law issues can develop after a divorce or separation, as well as after the death of a parent. When the relationship between a grandparent and grandchild is at risk, a Fayetteville grandparents’ rights lawyer may be able to help.

In Arkansas, grandparents can ask the court for visitation only in certain limited situations. At Bundy Law, our Fayetteville family law attorneys help grandparents and grandchildren in Washington County who want to know their rights and legal options.

Hire a Grandparents’ Rights Lawyer

Grandparents’ rights cases involve strict statutory standards and constitutional considerations under Arkansas law. Aaron Bundy is a Fellow of the International Academy of Family Lawyers and the American Academy of Matrimonial Lawyers.

Bundy Law represents clients in Fayetteville and throughout Washington County in contested grandparent visitation proceedings, with careful attention to evidentiary requirements and statutory compliance.

Grandparents’ Rights After Divorce or the Death of a Parent

Many grandparents’ visitation cases stem from divorce, legal separation, or the death of a child’s parent. When this happens, Arkansas courts will look at past visitation and whether or not the child has had an established, stable relationship with the grandparent before the disruption in the family occurred.

The court’s primary concern will be the child’s well-being, encompassing emotional support, consistency, and the security offered by a familiar caregiver during periods of change. Proof of prior involvement and regular care are often at issue.

Statutory Requirements for Grandparent Visitation in Arkansas

Arkansas law doesn’t automatically guarantee visitation rights for grandparents. A grandparent seeking visitation must file a petition with the court and prove that visitation is in the best interest of the child under Ark. Code § 9-13-103. The statute requires the petitioner to demonstrate that a significant and viable relationship with the child exists.

Visitation must be more than an incidental benefit to the child, and the grandparents must prove more than perfunctory contact. In recognition of the constitutional rights of parents to rear their children, the grandparent visitation statute was intended to set forth the necessary prerequisites before a court even considers visitation.

Overcoming the Presumption Favoring Parental Decisions

Arkansas courts begin with a presumption that a fit parent’s decision regarding visitation is in the child’s best interest. A grandparent must rebut that presumption by presenting clear and convincing evidence that visitation would serve the child’s best interest and that a significant and viable relationship exists. Before a court may consider ordering visitation, the statutory requirements under Ark. Code § 9-13-103 must be satisfied, including:

• Standing to petition, such as when the parents’ marriage has been terminated by death, divorce, or legal separation, or when the child was born out of wedlock and paternity has been legally established
• Proof of a significant and viable grandparent–grandchild relationship, which may be demonstrated through cohabitation, regular visitation and caregiving, or close and ongoing contact over an extended period of time
• Evidence that visitation would be in the child’s best interests, including proof that loss of the relationship would likely result in harm to the child
• Clear and convincing evidence is sufficient to rebut the presumption that a fit parent’s decision to deny visitation is in the child’s best interests.

The U.S. Census Bureau has reported that 49.3% of grandparents providing care for their grandchildren had been involved in this type of care for five or more years. Although this does not mean that all grandparents are long-term caregivers, this is an option that can be brought into the courtroom if there has been a pre-existing relationship.

Evidentiary Hearings in Washington County

Grandparent visitation is determined in the Washington County Circuit Court. The petitioner in an evidentiary hearing must provide the Court with evidence in the form of witnesses, testimony, and other documents to show that he or she has met the burden of proof and that it is in the best interest of the child.

Factors including the present grandparent-child relationship, the parents’ motives for allowing or denying visitation, and any impact on the child’s usual activities are considered.

Due to Arkansas’s strong stance on parental rights, these hearings usually include extensive testimony regarding past interactions, past caretaking, if any, and exactly how visitation will be beneficial.

FAQs

What Evidence Is Helpful in a Grandparent Visitation Case?

Evidence presented in a grandparent visitation case may include records of previous contact, testimony about the history of caring for the child, school or medical records indicating involvement, and correspondence that evidences the relationship’s nature.

In Washington County, factors a court may consider when ruling on a petition include whether the grandparent regularly maintained contact and whether the child was receiving a positive benefit from the relationship.

How Common Is Grandparent Caregiving in the United States?

The U.S. Government Accountability Office reported that in 2023, approximately 2.4 million children in the United States were being raised by grandparents or other relatives. Caregiving alone does not automatically entitle a grandparent to visitation, but it is a factor that suggests that extended family members may have an ongoing, significant role in children’s lives.

Does a Prior Close Relationship Guarantee Visitation Rights?

In Arkansas, a previous close relationship with a child does not necessarily result in visitation. A history of long-term caregiving alone may not be sufficient. The court must still be convinced that visitation meets the standards of the statute and rebut the presumption in favor of the parents. Cases are determined on the individual evidence and facts presented to the Washington County Circuit Court.

Can Grandparents Seek Visitation if the Parents Were Never Married?

Grandparents may seek visitation in some cases, even if the parents of the child were never married. Under Ark. Code § 9-13-103, a grandparent may petition for visitation in certain circumstances, including when the child is illegitimate and paternity has been legally established. The court must still apply the statutory requirements and determine whether visitation would be in the child’s best interests before issuing an order.

Contact a Fayetteville Grandparents’ Rights Lawyer

Grandparents’ rights in Fayetteville depend on the statutory guidelines in Arkansas and the constitutional rights of parents to direct the upbringing of their children. Visitation is not easily awarded, and the petition must fit within certain standards for contact to be ordered by a court.

Given the sensitive nature of these family law disputes and the stringent legal criteria, thorough preparation is crucial. Bundy Law is here to represent you in Washington County if you are seeking visitation or have a grandparents’ rights case filed against you. Contact us to set up a consultation and hire a Fayetteville grandparents’ rights attorney today.