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9-13-107. Visitation rights of grandparents when parent does not have custody of child — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
9-13-107. Visitation rights of grandparents when parent does not have custody of child — Definitions.
(a) For purposes of this section:
(1) “Child” means a minor under eighteen (18) years of age who is:
(A) The grandchild of the petitioner; or
(B) The great-grandchild of the petitioner; and
(2) “Petitioner” means any individual who may petition for visitation rights under this section.
(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.
(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.
(d)(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)(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.
(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 granti
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-13-107
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:9-13-107
Source file: gov.ar.code.title.09.odt
Pages: Not recorded – Not recorded
Passage SHA-256: e7770ca285424fa47b9782f801b3cf501b21652c19be357cc4fc876b2f3ab8d9
Source location: content.xml paragraph 7410
Stored source content
9-13-107. Visitation rights of grandparents when parent does not have custody of child — Definitions.
(a) For purposes of this section:
(1) “Child” means a minor under eighteen (18) years of age who is:
(A) The grandchild of the petitioner; or
(B) The great-grandchild of the petitioner; and
(2) “Petitioner” means any individual who may petition for visitation rights under this section.
(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.
(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.
(d)(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)(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.
(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) An order granting or denying visitation rights under this section is a final order for purposes of appeal.
(4) After an order granting or denying visitation has been entered under this section, a party may petition the court for the following:
(A) Contempt proceedings if one (1) party to the order fails to comply with the order;
(B) To address the issue of visitation based on a change in circumstances; or
(C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
9-13-103. Visitation rights of grandparents when child is in custody of parent — Definitions.
(a) For the purposes of this section:
(1) “Child” means a minor under eighteen (18) years of age of whom the custodian has control and who is:
(A) The grandchild of the petitioner; or
(B) The great-grandchild of the petitioner;
(2) “Counseling” means individual counseling, group counseling, or other intervention method;
(3) “Custodian” means the custodial parent of the child with the authority to grant or deny grandparental visitation;
(4) “Mediation service” means any formal or informal mediation; and
(5) “Petitioner” means any individual who may petition for visitation rights under this section.
(b) A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:
(1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;
(2) The child is illegitimate and the petitioner is a maternal grandparent or great-grandparent of the illegitimate child;
(3) The child is illegitimate, the petitioner is a paternal grandparent or great-grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction;
(4) The court finds by clear and convincing evidence that the primary custodian of the child is unfit;
(5)(A) The court finds by clear and convincing evidence that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child.
(B) In determining the best interest of the child, the court may consider one (1) or more of the following f
Source: Arkansas Code — historical release 78 (November 6, 2020) · 9-13-103
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 9-13-103. This identifies an authority to review, not proof of applicability.