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.
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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.
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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.
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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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