Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(Arkansas — Ark. Code Ann. § 9-13-103)

I. PARTIES

1.1 Petitioner(s) — Grandparent / Great-Grandparent

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Custodian / Parent(s)

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under Ark. Code Ann. § 9-13-103(b), which authorizes a grandparent or great-grandparent to petition a circuit court of this State for reasonable visitation rights with respect to a grandchild or great-grandchild.

2.2 UCCJEA home state. Arkansas is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, Ark. Code Ann. §§ 9-19-101 et seq., because:

☐ The child has lived in Arkansas with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Arkansas was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County, Arkansas, where the minor child resides.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are/were other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — § 9-13-103(b)

3.1 Petitioner has standing because at least one of the following circumstances exists (check all that apply):

☐ (b)(1) The marital relationship between the child's parents has been severed by death, divorce, or legal separation.

☐ (b)(2) The child is illegitimate and Petitioner is a maternal grandparent or great-grandparent of the child.

☐ (b)(3) The child is illegitimate, Petitioner is a paternal grandparent or great-grandparent of the child, and paternity has been established by a court of competent jurisdiction.

☐ (b)(4) The Court finds, by clear and convincing evidence, that the primary custodian of the child is unfit.

☐ (b)(5) The Court finds, by clear and convincing evidence, that there are compelling circumstances to overcome the presumption that the parental decision is in the best interest of the child.

☐ (b)(6) A stepparent of either biological parent adopted the child due to the death of that biological parent.

3.2 Supporting facts for the circumstance(s) checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Significant and viable relationship — § 9-13-103(d). Petitioner can establish a significant and viable relationship with the child by a preponderance of the evidence because one or more of the following is true (check all that apply):

☐ (d)(1) The child resided with Petitioner for at least six (6) consecutive months, with or without the current custodian present.

☐ (d)(2) Petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months.

☐ (d)(3) Petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months.

☐ (d)(4) Other facts establish that the loss of the relationship between Petitioner and the child is likely to harm the child: [____________]

4.3 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL STANDARD AND BURDEN OF PROOF

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Rebuttable presumption — § 9-13-103(c)(1). Petitioner acknowledges there is a rebuttable presumption that the custodian's decision denying or limiting visitation to Petitioner is in the best interest of the child.

5.3 Burden of proof — § 9-13-103(c)(2). To rebut the presumption, Petitioner must prove both of the following by a preponderance of the evidence: (a) that Petitioner has established a significant and viable relationship with the child (Section IV); and (b) that visitation with Petitioner is in the best interest of the child (Section VI).

5.4 Strict construction. The grandparent-visitation right is statutorily created and in derogation of the common law and is therefore strictly construed. Bowen v. Bowen, 2012 Ark. App. 403, 421 S.W.3d 339.

VI. BEST INTEREST OF THE CHILD — § 9-13-103(e)

6.1 Petitioner alleges, and is prepared to prove by a preponderance of the evidence, all of the following:

☐ (e)(1) Petitioner has the capacity to give the child love, affection, emotional support, and guidance.

☐ (e)(2) The loss of the relationship between Petitioner and the child is likely to: (A) harm the child; (B) cause emotional distress to the child; (C) result in emotional abuse of the child; or (D) result in emotional neglect of the child.

☐ (e)(3) Petitioner is willing to cooperate with the custodian if visitation is allowed.

☐ (e)(4) Awarding grandparent visitation would not interfere with the parent-child relationship.

6.2 Discretionary best-interest factors — § 9-13-103(b)(5)(B). In determining best interest, the Court may consider one or more of the following:

(i) the love, affection, and emotional ties between Petitioner and the child; (ii) the length and quality of that relationship; (iii) the mental and physical health of Petitioner, the parent, and the child; (iv) the potential detriments and benefits to the child if visitation is granted or denied; (v) the child's wishes and preferences; (vi) the parent's motivation in denying visitation; (vii) Petitioner's motivation in seeking visitation; (viii) any history of abuse or neglect of the child; (ix) any history of domestic violence in the child's home; (x) whether parental rights of a related parent have been terminated; and (xi) any other factor impacting the child's best interest.

6.3 Supporting facts:

[____________________________________________________________]

6.4 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully prays that this Court:

A. Find that Petitioner has standing under Ark. Code Ann. § 9-13-103(b);

B. Find, by a preponderance of the evidence, that Petitioner has established a significant and viable relationship with the minor child and that visitation is in the child's best interest, thereby rebutting the presumption in § 9-13-103(c);

C. Enter a written order awarding Petitioner reasonable visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just, stating all factors considered as required by § 9-13-103(f);

D. Award costs of this action; and

E. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF ARKANSAS )
COUNTY OF [____________] )

I, [PETITIONER NAME], being duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Ark. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you. You are required to file a written answer or other response with the Clerk of this Court within thirty (30) days after service of the summons and this Petition (or such other time provided by the Arkansas Rules of Civil Procedure), and to serve a copy on Petitioner or Petitioner's attorney. If you fail to respond, judgment by default may be entered against you for the relief demanded. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Ark. Code Ann. § 9-13-103 — Visitation rights of grandparents when child is in custody of parent: definitions (a); standing circumstances (b)(1)–(6); discretionary best-interest factors (b)(5)(B)(i)–(xi); rebuttable presumption and preponderance burden (c); significant and viable relationship (d); best-interest elements (e)(1)–(4); written order requirement (f).
• Bowen v. Bowen, 2012 Ark. App. 403, 421 S.W.3d 339 — statute strictly construed; sufficiency of best-interest evidence.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• Ark. Code Ann. §§ 9-19-101 et seq. — UCCJEA; § 9-19-209 (affidavit).

This Petition is a preparation aid only. Arkansas applies a preponderance-of-the-evidence burden to rebut the parental presumption (lower than Alabama's clear-and-convincing standard), but the statute is strictly construed. Consult a licensed Arkansas family law attorney before filing.