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Skip to main content. You are here Home » Legal Information » Arkansas. Basic info What is custody? What are some pros and cons of filing for custody? Should I start a court case to ask for supervised visitation? General information and definitions What options are there for legal custody?
What options are there for physical custody? What is joint custody? Who can get custody or visitation Who can get custody? This website includes resources, links, articles and other help for grandparents and families. Grandfamilies State Law and Policy Resource Center National legal resource in support of grandfamilies both within and outside the child welfare system. This resource center has a searchable database of laws and legislation affecting grandfamilies both inside and outside the foster care system for all 50 states, and other relevant resources and publications.
Skip to main content Skip to topics menu Skip to topics menu. Cancel Print. Advanced Search. Visitation Rights of Grandparents. If you are a grandparent and want information about visitation with your grandchildren, there are many resources that can help you learn about your options and understand your rights as a grandparent. AND Balance the best interest of the child in having visitation with a grandparent with the rights of the parents to make decisions about their child.
How does a grandparent ask for visitation in court? In general, a grandparent who wants to ask for visitation with a grandchild must: Figure out if there is a family court case already open As just explained, you first need to figure out if there is a family court case already open involving your grandchild and his or her parents. If so, you can file a petition under that case.
To do that, jump to step 2 below. If not, you will have to start a case yourself, and then keep following the steps below. Remember, ask the family law facilitator or self-help center at your court for help starting a case yourself. Fill out your court forms In addition to any papers you need to complete to open a case if there is not one already open , fill out: Request for Order Form FL On Form FL, explain what type of visitation schedule you would like to have with your grandchildren and why.
If you have prepared a proposal for the visitation orders you would like the judge to make, attach that too. Note: Find out if your court requires you to fill out any local forms specific to your county.
They can make sure you filled it out properly before you move ahead with your case. And, again, make sure you ask them if there are any local forms you need to fill out in addition to the forms listed here.
The original is for the court. File your forms with the court clerk Turn in your forms to the court clerk. If you cannot afford the fee, you can ask for a fee waiver. Oklahoma statute lists the factors that a judge is required to consider when deciding whether it is in the best interest of the child to grant grandparental visitation.
These factors include:. The judge will consider how important it is to the child to continue the preexisting relationship with the grandparent. For example, if the child lived with the grandparents for a significant length of time and developed a strong bond, the court may find that it would be important to the child to continue that relationship.
Children who are old enough to develop an intelligent preference can express this preference to the judge. The law does not specify a minimum age requirement for a child to be capable of expressing an intelligent preference. A child who is at least 12 years old is presumed to be able to express a preference unless there is evidence that the child lacks capacity.
The judge will consider whether and to what extent the grandparent is willing to encourage a close relationship between the child and the parent s. The judge will look at what kind of relationship the child and the grandparent had prior to the grandparent filing the petition for visitation rights. This includes how intimate the relationship is or was as well as the quality and duration of the relationship. The judge will also consider the love, affection and emotional ties between the child and grandparent.
The judge will consider the reasons the grandparent is trying to continue the relationship with the child and the steps taken to try to maintain this relationship. The judge will take into consideration the mental and physical health of the grandparent, the parent s , and the child.
The judge will take into consideration the stability and nature of the home and family of the child. This may include the character and behavior of the grandparent and parent s. The judge will consider how these people interact with the child. The standard of parental unfitness for purposes of getting court-ordered visitation is not the same as the standard used to terminate parental rights. A parent may be considered unfit if there is evidence of any the following:.
If a parent is not determined to be unfit, there is a strong presumption that the parent is acting in the best interest of the child.
The grandparent must show that the child would suffer harm or potential harm unless the grandparent is granted visitation rights. A grandparent seeking court-ordered visitation rights must file a petition in state district court. If there is already a court case that involves the child, the petition should be filed with the same court that is handling that proceeding.
For example, if the parents are getting a divorce and the court is ruling on custody issues, the petition for grandparent visitation should be filed in the same court that is handling the divorce.
If there is no pending case involving the child, the petition should be filed in the district court located in the same county where the child lives or where the custodial parent lives. The petition must be verified.
Notice of the petition must be given to the parent s or other person who has custody of the child. The judge will schedule a hearing to consider the petition.
At the hearing, the grandparent has the burden of proof to show that all three criteria are met. Grandparents wishing to petition for court-ordered visitation are strongly encouraged to consult with an attorney prior to filing. If grandparents are granted court-ordered visitation rights, they may be required to pay the transportation costs to and from the visitation location.
Once a grandparent is granted visitation rights, the grandparent can ask the court to help enforce those rights if the parent is unreasonably uncooperative. The grandparent can file a motion with the court asking the court to enforce the visitation order. The court will set a date to hear the motion. Notice of the hearing must be given to the parent s or other person who has custody of the child at least 10 days before the hearing.
The grandparent can ask the judge to approve a detailed visitation schedule. Parents who refuse to comply with visitation orders can be found guilty of contempt of court. If a grandparent is wrongfully prevented from visiting the child, the grandparent can ask the judge to grant extra time to make up for lost visits. Generally, a judge will not grant biological grandparents visitation rights after the child has been adopted.
In fact, a judge is not allowed to grant visitation rights if the child was six months old or younger when the adoption took place.
However, if the grandparent had court-ordered visitation rights before the child was adopted, the adoption will not automatically terminate these rights.
Before terminating the visitation rights, a judge must hold a hearing at which the grandparent can argue against cancelling the visitation order.
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