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Can my divorced parents sue my daughter's father separately for grandparents' visitation rights?

Jonesboro, AR |

I am a mother that has standard visitation rights to my seven-year-old daughter. Is it possible for my parents who are divorced, to take my child's father to court separately for grandparent visitation rights? Also, if this can be done, what is a typical visitation schedule if the rulings were in the favor of my parents?

Attorney Answers 4


In Arkansas, there is a presumption that if a parent does not wish for grandparents to visit the child, then the denial of visitation is in the child's best interests.

That presumption can be overcome, but there are a few hurdles that the grandparent must overcome before they can establish that they can seek grandparent visitation. Because your parents are divorced, they can certainly file separately because it may be that the court finds that one may establish visitation rights, but not the other (or both of them, or neither of them).

They each need to speak to an attorney to see if they can establish visitation rights. There is U.S. Supreme Court law, as well as several Arkansas appellate decisions and statutory requirements, and they are likely to become overwhelmed very quickly if they try to proceed on their own.

This response is for information purposes only, it does not create any attorney-client relationship. Responses to questions posted on this Forum are of a general nature only. Because it is not possible to have all of the facts of your issue addressed in this forum, you should consult with an attorney to review the unique circumstances specific to your situation.

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The first answer is a good one. You should know, however, that decisions in this type of case depends on the facts of the case - and that your parents should discuss their situation in detail with a local attorney.

Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.

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I agree with the other answers. If your parents try to proceed on their own in this type of case, they may get their day in court, and let their voices be heard on this issue. However, they likely need an attorney to adequately advice them on what is necessary to establish their claims, and how they each should proceed.

If you find this answer helpful, please mark the answer as "helpful." This is legal information and not legal advice. Contact an attorney in your area for legal advice. This answer is intended to be used for informational purposes only, and does not establish an attorney-client relationship.

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Why don't your parents see the child during your visitation periods? The court will want to know why these grandparents are having to sue dad for visitation when they could see the child with you.

This attorney is licensed in the State of Texas only and this information does not constitute legal advice. If you are seeking legal advice, please consult with an attorney at your earliest convenience.

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