My ex daughter inlaw has decided since my son is behind on child support he nor the grandparents have no right to see 3 yr. old baby boy. We the grandparents have always kept him and been there for her every need along with having him on a weekly basis until Dec.26.2006. Had we not had him then, he would not have even had Christmas nor Santa Claus. His mother insists that there is no such thing as Grandparents rights in Arkansas,we love him dearly and he loves us as well and we know this has got to be affecting him as well.
2007-02-06 10:59:44 · 12 answers · asked by Darlin M 1 in Family & Relationships ➔ Marriage & Divorce
Below is a citing from the Arkansas Code Annotated. Note especially what you have to prove to have the Court grant grandparenting rights over the objections of the custodial parent. Note also that grandparenting rights are not denied just because tyour son is in arrears in his child support . . . that's a separate issue. With what you say here, it is likely you have a good case and should contact a lawyer familiar with such things.
The key is "What is in the best interest of the child" If you have prior to and after the divorce established a relationship with the child, then it is likely the court may grant your request. Good luck.
Quoting A.C.A. § 9-13-103 - Visitation rights of grandparents when the child is in the custody of a parent.
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(c)
(1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child.
(2) To rebut the presumption, the petitioner must prove by a preponderance of the evidence the following:
(A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and
(B) Visitation with the petitioner is in the best interest of the child.
(d) To establish a significant and viable relationship with the child, the petitioner must prove by a preponderance of the evidence the following:
(1)
(A) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present;
(B) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; or
(C) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or
(2) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.
(e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner must prove by a preponderance of the evidence the following:
(1) The petitioner has the capacity to give the child love, affection, and guidance;
(2) The loss of the relationship between the petitioner and the child is likely to harm the child; and
(3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed.
2007-02-06 11:10:03 · answer #1 · answered by morahastits 4 · 3⤊ 0⤋
I am in Arkansas too, and in the 5 years I have lived here I have noticed that there are fewer laws protecting families here than any other state I have been to. I really feel for you and your best bet would be to contact a lawyer's office for some free advice over the phone or in person. Just make sure you call someone who deals with "Family Law" such as child support/custody/grandparents rights. They could tell you for sure if you have grandparents rights. Most anyone you call would tell you what Arkansas law is regarding your rights to visiting your grandchild. Then you can decide from there if you want to take the matter to court. I would. Best of luck to you from Searcy AR. Hope you have a nice evening.
2007-02-06 11:08:36 · answer #2 · answered by up_all_night 3 · 2⤊ 0⤋
Actually, even if your son is behind on the child support she cannot keep the child from him. Visitation and child support are two separate issues in the final decree.
If he is behind, they should get with the Attorney General, or the state agency in their state that handles CS, and set up for him to pay off what he is behind on.
Even if he is behind, the orders for visitation are in effect. If she will not allow him to see the children, she can be held in contempt of court for disobeying a judge's orders.
As far as "Grandparent's Rights", the amount of visitation that is afforded to grandparents is less than what the father is likely ordered to be allowed. Basically, they would state that while your son had his son, some time during the visit would have to be with the grandparents. She would not be obligated to allow the visitation out of the time she as the son.
2007-02-06 11:12:02 · answer #3 · answered by ? 5 · 2⤊ 0⤋
Grandparental right varies from state to state and you should find out from your state's child protection services. But child support (or lack of) does not empower the mother to prevent the father's visit. She can go to court to enforce the child support order by tagging his wages, etc. This is a financial issue.
A father's legal right cannot be taken away unless he commits some major crime that is considered unsafe for the kid or the kid has been legally adopted by a new couple. Based on that, the mother is wrong and the father can come to see his kids, with police escort if necessary. He should, however, be ready to deal with the court for back child support.
2007-02-06 11:14:51 · answer #4 · answered by Sir Richard 5 · 0⤊ 0⤋
She is legally NOT allowed to withhold visitations from you OR the father just because he's not ponying up the money.
Ask a lawyer what your rights are as the grandparents - you can get free consultations.
I couldn't find the law for your state, but I found a couple sites that might help a bit.
2007-02-06 11:08:26 · answer #5 · answered by Anonymous · 2⤊ 0⤋
Arkansas law does allow grandparents to seek visitation rights. Unfortunately for you guys, it isn't guaranteed: you would have to contact an attorney and work it out through the courts.
2007-02-06 11:11:40 · answer #6 · answered by MissA 7 · 2⤊ 0⤋
First you cannot withhold visitation for any violation whatsoever. including child support. But Arkansas does have grandparent visitation. Talk to your lawyer and with you visitation history it will be easy.
2007-02-07 15:54:06 · answer #7 · answered by Liz M 3 · 0⤊ 0⤋
If you didn't go to court with your son on the day they divorced and asked the judge for your right, then you do NOT have any legal rights. You can get your son to exercise his rights and then you can see them . Legally it doesn't matter if he is behind or not visitation is legally granted by the court , not the exwife.
2007-02-06 11:18:19 · answer #8 · answered by Anonymous · 0⤊ 1⤋
In the state of Arkansas you probably have more than one relationship with the kids. Remember that song, "I am my own Grampa"? You might be cousins and entitled to play.
2007-02-06 13:39:59 · answer #9 · answered by Anonymous · 0⤊ 1⤋
call a friend of mine and ask her to refer you to someone that can help you for sure with that question her name is debbi carroll and her number is 1-866-471-3782 and tell her that mark referred you
2007-02-06 11:07:10 · answer #10 · answered by Mark 6 · 2⤊ 0⤋