Do Grandparents Have Visitation Rights in Arkansas?

Grandparents may play a significant role in the lives of their grandchildren. Out of love and concern, a grandparent may find themself wondering what legal rights they may have to custody or visitation with their grandchildren.

This article explains the visitation rights of grandparents in Arkansas. If you have additional questions about grandparent visitation in Arkansas after reading this article, you should consult a local family law attorney.

When May Grandparents Request Visitation?

Grandparents in Arkansas may file a petition for visitation with grandchildren in a circuit court, if one of the following events occurs:

• the child's parents are no longer married due to death, divorce, or legal separation
• the child is illegitimate, and the maternal grandparent wants visitation
• the child is illegitimate, but paternity has been established and the paternal grandparent wants visitation, or
• the court finds that the primary custodian of the child is unfit.

(Ark. Code § 9-13-103 (2025).)

If a child's parents are married, grandparents can't ask for visitation; it's only when there's some breakup of the child's family home that grandparents can request visitation with a grandchild. Great-grandparents may also request visitation with a child.

How Judges Decide Whether to Grant Grandparents Visitation

When deciding whether to grant grandparent visitation, the judge starts with the presumption that the parents are correct in denying visitation to the grandparent or great-grandparent. In other words, the judge assumes that the child's parent or custodian knows what's best for the child unless proven otherwise. Grandparents must provide clear and convincing evidence of compelling circumstances to overcome the presumption that the parental decision is in the child's best interest. (Ark. Code § 9-13-103 (2025).)

In order to win visitation rights, a grandparent must prove they have established a significant relationship with the child, and that visitation is in the child's best interest. When determining whether to grant visitation, courts consider factors such as the emotional ties between the grandparent and child, the quality of their relationship, the health of all parties, and the potential benefits or detriments of visitation, among others. (Ark. Code Ann. § 9-13-103) (2025).)

If the judge approves grandparent visitation, visitation can occur whether the child's mother or father has physical custody. In other words:

• a paternal grandparent or great-grandparent can have visitation during the mother's custodial time, and
• maternal grandparents during the father's custodial time.

After a judge grants visitation, both parents and grandparents can petition the court to modify visitation, add or modify restrictions on visitation, or sanction a parent or grandparent who hasn't followed the visitation order.

Visitation Rights After Adoption

Grandparents in Arkansas can request visitation with a grandchild even if the child's parents don't have custody. The judge can order grandparent visitation if it's in the child's best interests. Adoption, on the other hand, severs the legal relationship between the child and the child's parents, as well as all of the parent's relatives, including grandparents.

In Arkansas, the adoption of a child by someone other than the child's parents or stepparents may terminate the grandparents' visitation rights. However, the judge may consider the best interests of the child and the grandparents' relationship with the child when determining visitation rights in adoption cases

Can Grandparents Win Custody of a Grandchild?

Arkansas courts sometimes award custody to a grandparent instead of a parent. Grandparents have the right to petition the court for custody of a child whenever any of the following occurs:

• a grandchild lives with a grandparent for at least six months before the child's first birthday, or at least one year if the child is older than 12 months.
• the grandparent was the child's primary caregiver and financial supporter while the child lived with the grandparent, and
• the grandparent had physical custody of the child within one year of the time the custody case began.

When deciding custody between a parent and grandparent, the judge will consider whether the grandparent or parent is more likely to allow the child to have frequent contact with the noncustodial grandparent or parent. A history of domestic abuse by either a parent or grandparent reduces their chance of receiving custody. In contested custody cases, the judge will appoint a guardian ad litem to represent the child's interests, with the guardian's fees paid by a state fund.

If you have additional questions about grandparents' visitation rights, you should consult an Arkansas family law attorney.