Grandparent Rights in Arkansas: A 2025 Guide to Visitation & Guardianship

Who is this for?

This guide is for Arkansas grandparents who have been cut off from their grandchildren or need to step in because the parents are unable to care for them.

What you will learn:

• The difference between "Visitation" (seeing them) and "Guardianship" (raising them).

• The "Intact Family" rule that blocks most lawsuits.

• How to prove you have a right to visit under Arkansas law.

• When you can use self-help forms vs. when you need a lawyer.

Key Takeaways

• No Automatic Rights: Being a grandparent does not give you an automatic legal right to see your grandchildren. You must petition a court.

• The "Intact Family" Rule: If the child’s parents are married to each other and both agree to deny you visitation, you generally cannot sue.

• Standing is Required: You can usually only file for visitation if the parents are divorced, separated, one has died, or the child was born out of wedlock.

• The Bar is High: You must prove that not seeing you would harm the child.

• Guardianship is Different: If the child is in danger and you need to take custody, that is a different legal process called guardianship.

Part 1: "I Just Want to See Them" (Visitation Rights)

Most grandparents we hear from at ArkansasLegalNow aren’t trying to take the kids away—they just want to take them to get ice cream, have them over for holidays, or maintain the bond they’ve always had.

In legal terms, this is called Grandparent Visitation.

Arkansas law (specifically Ark. Code Ann. § 9-13-103) allows you to ask a judge for visitation, but you have to clear several hurdles first.

Hurdle 1: The "Golden Ticket" (Legal Standing)

You cannot just walk into a courthouse because you are sad you haven't seen your grandkids. You need a specific legal reason—called "standing"—to open the door.

In Arkansas, you generally have standing to file for visitation only if:

1. Divorce/Separation: The parents are divorced, legally separated, or currently going through it.

2. Death: One of the child’s parents (your child) has passed away.

3. Illegitimacy: The child’s parents were never married.

   • Note: If you are the paternal grandparent (the father's side), paternity must be legally established first.

4. Dependent-Neglected: The child has been declared dependent-neglected by a court.

The "Intact Family" Block: If your grandchild lives with both biological parents, and those parents are married to each other, and they both say "no," the court generally will not hear your case. Arkansas courts strongly protect the rights of fit, married parents to decide who their children associate with.

Hurdle 2: Rebutting the "Fit Parent" Presumption

Once you get in the door, you face the hardest part. The U.S. Supreme Court (in a famous case called Troxel v. Granville) ruled that a fit parent’s decision is presumed to be in the best interest of the child.

This means you start the race 100 yards behind. The judge assumes the parent is right to keep you away. You must prove they are wrong.

To win, you must prove three things with clear and convincing evidence:

1. A Significant Relationship: You didn't just send birthday cards. You were a caregiver, you saw them constantly, or the child lived with you for at least 6 months.

2. Harm: You must show that losing contact with you will likely harm the child’s mental or emotional health.

3. Best Interest: Finally, you must show that visitation is in the child's best interest.

Common Mistake: Many grandparents argue "I love them and I have a right to see them." That is a losing argument. The winning argument is: "The child relies on me for stability, and cutting me out is hurting them."

Checklist: Do You Have a Visitation Case?

• [ ] Are the parents divorced, separated, or never married? (Or has one died?)

• [ ] Did you have a consistent, deep relationship before this happened?

• [ ] Can you prove (with text messages, photos, witnesses) that you were a major part of their life?

• [ ] Are you willing to accept a limited schedule (like one weekend a month) rather than 50/50 custody?

Part 2: "The Kids Are Not Safe" (Guardianship)

Sometimes, the problem isn't that you miss them—it's that the parents are on drugs, in jail, or have abandoned the children. You don't just need a visit; you need to protect them.

In this case, you are looking for Guardianship of the Person (under Ark. Code Ann. § 28-65-201).

Visitation vs. Guardianship: What's the Difference?

When Can You File for Guardianship?

You can file for guardianship if you can prove the parents are unfit or incapacitated. This usually involves:

• Substance abuse issues that endanger the child.

• Incarceration.

• Abandonment (leaving the child with you for a long time without support).

• Severe mental health crises preventing care.

Practical Note: Guardianship is temporary in the eyes of the law. If the parents get clean, get a job, and get a home, they can ask the court to terminate the guardianship and take the children back.

The Process: How to File in Arkansas

Whether you are filing for Visitation or Guardianship, the court process follows a similar roadmap.

Step 1: The Petition

You must file a "Petition" in the Circuit Court of the county where the child lives.

• For Visitation: You file a Petition for Grandparent Visitation.

• For Guardianship: You file a Petition for Appointment of Guardian.

Step 2: Service of Process

You cannot just email the petition to the parents. You must have them "served" by a process server or sheriff deputy. This gives them official notice. If you skip this, your case will be thrown out.

Step 3: The Hearing

You will stand in front of a judge.

• If you represent yourself: You must bring your evidence. Print out text messages. Bring school records. Bring witnesses who have seen you with the child.

• The Ruling: The judge will sign an "Order." This is the law. If the judge orders visitation on the 1st weekend of the month, the parents must follow it or they can be held in contempt.

When You Should Talk to a Lawyer

At ArkansasLegalNow, we believe in self-help, but some fights are too big to handle alone. You should consult an attorney if:

• The Child is in Immediate Danger: If there is physical abuse, call the police or the Child Abuse Hotline (1-800-482-5964) first. File for an emergency custody order.

• Adoption is Involved: If a stepparent is trying to adopt the grandchild, your visitation rights could be permanently wiped out if you don't act fast.

Ready to Take the Next Step?

If you have decided that you need to take legal action to protect your relationship with your grandchildren, you have options.

• For Guardianship: If the parents are unfit and you need to step in to care for the child, our automated platform can help you generate the guardianship forms you need.

• For Visitation: While we specialize in guardianship forms, understanding your rights is the first step.

Don't let the legal system intimidate you.

Get Started

Frequently Asked Questions

1. How much does it cost to file for grandparent rights in Arkansas?

The filing fee varies by county but is typically around $165 to $185. You will also need to pay for a process server (usually $50–$75). If you are low-income, you can ask the court for a "fee waiver" form (In Forma Pauperis).

2. Can I get visitation if my child (the parent) died?

Yes. Arkansas law specifically lists the death of a parent as a ground for standing. However, you still have to prove that visitation is in the child's best interest and that the surviving parent is unreasonably denying you access.

3. What if I live in another state?

You must file the lawsuit in Arkansas if that is where the child has lived for the last 6 months. You will have to travel to Arkansas for the court hearings.

4. Can I get custody instead of just visitation?

Yes, but this is much harder. You would file for Guardianship (not visitation). You must prove the parents are unfit. See the "Guardianship" section above.

5. Does the child get a say?

Sometimes. If the child is old enough (usually over 12 or 14), the judge may listen to their preference, but the child does not get to decide. The judge decides based on "best interest."

Sources

• Troxel v. Granville, 530 U.S. 57 (2000) (The US Supreme Court case on parental rights).

• Ark. Code Ann. § 9-13-103 (Grandparent Visitation Rights).

• Ark. Code Ann. § 28-65-201 (Guardianship Requirements).

• Arkansas Judiciary - Grandparent Rights Overview