Do Grandparents Have Visitation Rights in Arkansas? Everything You Need to Know

Many grandparents play a vital and loving role in their grandchildren’s lives. When family dynamics change, however, grandparents may suddenly find themselves cut off from children they have helped raise, supported, or seen regularly for years. This often leads to a difficult question: Do grandparents have visitation rights in Arkansas?

The short answer is yes — but only in specific circumstances and only when strict legal standards are met. Arkansas law on grandparent visitation is found in Arkansas Code § 9-13-103, and understanding how the statute works is essential before pursuing any court action.

Who Has Standing to Seek Grandparent Visitation?

Before a grandparent can request visitation, they must first have standing — the legal right to bring the petition. Arkansas law grants standing to the following individuals:

• Any grandparent or great-grandparent of a child born during a marriage
• The maternal grandparent of a child born outside of marriage
• The paternal grandparent of a child born outside of marriage, but only if paternity has been legally established

When Can Grandparents Seek Visitation?

Even if a grandparent has standing, visitation can only be requested in very limited situations. Arkansas courts may consider a petition for visitation only when:

• The parents’ marriage has ended through death, divorce, or legal separation, or
• A court has granted custody or guardianship of the child to someone other than a parent

These circumstances open the door for a grandparent to ask the court to intervene.

When Grandparents Cannot Seek Visitation

Arkansas courts will not grant grandparent visitation:

• When both parents are married to each other and jointly refuse visitation, or
• When the parents’ rights have been terminated by a court

These situations reflect the state's strong protection of parental decision-making authority.

Overcoming the Presumption Favoring the Parent’s Decision

Even when standing and circumstances are met, grandparents face a significant hurdle: Arkansas law presumes that a parent’s decision to refuse grandparent visitation is in the child’s best interest.

To overcome this presumption, the grandparent must show:

1. A significant and viable relationship with the child, and
2. That visitation is in the child’s best interest

Both elements must be proven with evidence.

Proving a “Significant and Viable” Relationship

A grandparent must demonstrate at least one of the following to establish a viable relationship:

• The child lived with the grandparent for at least six consecutive months, even if a custodial parent lived in the home
• The grandparent served as a regular caregiver for at least six consecutive months
• The grandparent had frequent or regular contact with the child for at least twelve consecutive months
• Other compelling facts showing that losing the grandparent-child relationship is likely to harm the child

These criteria help the court determine whether the relationship is meaningful enough to merit judicial protection.

Why Legal Guidance Matters

A grandparent-grandchild bond can be one of life’s most meaningful relationships. Yet the process of seeking grandparent visitation in Arkansas is complex, highly technical, and requires meeting strict legal burdens. Courts prioritize parental rights, and grandparents must present strong and thorough evidence to succeed.

If you are a grandparent considering filing for visitation — or a parent responding to such a petition — working with an experienced Arkansas family law attorney can help you understand your options and protect your rights.