Custody

For a court to award visitation to a grandparent or great-grandparent, the grandparent has to prove that s/he has established a “significant and viable relationship” with the child and that visitation would be in the child’s best interest.¹

To establish a “significant and viable relationship” with the child, the grandparent or great-grandparent must prove any of the following:

• the child lived with the grandparent for at least six months in a row, without the child’s parent living there too;
• the grandparent was the primary caregiver to the child for six months in a row;
• the grandparent has had regular contact with the child for at least 12 months in a row; or
• any other facts that show that the loss of the relationship between the grandparent and the child is likely to harm the child.²

To establish that visitation is in the best interest of the child, the grandparent or great-grandparent has to show that all of the following are true:

• s/he can give the child love, affection, emotional support, and guidance;
• the grandparent is willing to cooperate with the custodial parent or other guardian;
• awarding visitation would not interfere with the parent-child relationship; and
• the loss of the relationship between the grandparent and child is likely to:
  
  • harm the child;
  • cause emotional distress to the child;
  • result in the emotional abuse of the child; or
  • result in the emotional neglect of the child.³

¹ A.C.A. § 9-13-103(c)
² A.C.A. § 9-13-103(d)
³ A.C.A. § 9-13-103(e)