Arkansas law gives visitation rights to grandparents under certain circumstances.
Arkansas law generally defers to parents in deciding whether their children can spend time with grandparents. Arkansas grandparents can obtain legal rights to court-ordered visitation with their grandchildren, but only under specific circumstances. Grandparents can also gain rights through a power of attorney or guardianship or by becoming foster parents to their grandchildren, according to the Arkansas kinship care laws.
Compared with Parents' Rights
If married parents decide to prevent grandparents from visiting with grandchildren, Arkansas law generally does not provide means of legal recourse for the grandparents. Arkansas defers to the right of married parents to raise their children without interference. Even when a grandparent tries to intervene with the court in a custody dispute, such as during the parents' divorce, the court must first defer to the parents' wishes unless the parent is "incompetent or unfit." However, grandparents may gain a right to visitation if specified events occur.
Grandparent Visitation Rights
Arkansas law allows grandparents to request a court order for visitation with their grandchildren but only under certain circumstances. To qualify for grandchild visitation, the grandparents must show a relationship to one of the grandchild's legal parents, including an unmarried father whom an Arkansas court has identified as the grandchild's father. The grandparents must also show that the grandchild's parents are legally separated or divorced, that one of the grandchild's parents has passed away or that an Arkansas court has already granted custody of the grandchild to a non-parent. Furthermore, Arkansas law requires the court to consider the strength of the grandchild's relationship with the grandparents and whether visitation would serve the grandchild's best interests.
Rights Through Power of Attorney
A power of attorney allows an adult who is not the child's parent or legal guardian to make child-related decisions as permitted under Arkansas law. For example, a grandparent with a power of attorney signed by the grandchild's parent can represent the parent at the grandchild's day care, school or doctor's office. For a parent's temporary absence, the parent signing the power of attorney can specify an end date for the grandparents' rights. In Arkansas, the parent must identify the grandparent on the power-of-attorney form and sign the completed form in the presence of a notary public. If more than one parent has custodial rights to make legal decisions on behalf of the child, both parents must agree to the power of attorney.
Rights Through Guardianship
Grandparents can assume parental rights, including custodial rights, to their grandchildren through guardianship arrangements. In a guardianship, the guardian has legal rights to make decisions for a child, in place of the parents. For children who have an ill or deceased parent, a standby guardianship allows another adult to assume parental rights and responsibilities if specified events occur. Parents can identify guardians for their children through a will or estate plan, or through another written document that an Arkansas court can review and enforce. Grandparents can learn about the legal procedures for guardianship in sections 28-65-221(a) and 28-65-204 of the Arkansas Code.
Rights as Foster Parents
When the state takes temporary custody of children through the foster care system, the Arkansas Department of Human Services (DHS) arranges care for the children with foster families. Grandparents, along with other relatives, can submit applications through DHS to provide kinship foster homes for their grandchildren. If they receive DHS approval to serve as foster parents, grandparents can have their grandchildren live with them in their homes and even consider the possibility of adoption if the state ultimately terminates the parental rights of the grandchildren's parents.
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