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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21914
Experience:  General practice of law with emphasis in family law.
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My husband and I, both over 35, just spent the past 7 years

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My husband and I, both over 35, just spent the past 7 years helping our daughter through a nasty divorce, moving her 3 times, helping her raise 2 small children, 10 mo. and 3 at beginning, letting them live here 1 year, helping her though upgrade her education and buying her a car, not to mention thousands of dollars spent on the kids, her living expenses, etc. (over $150,000.) We told her she would need to pay us back many times and kept records but she never signed anything. She met a guy last Aug. and became serious very quickly, not telling us of marriage plans...actually telling us they had NO plans for a very long time. We feel they scammed us for money to buy a house, buy her a washer and dryer, fix her car and new tires, etc....to the tune to another $12,000 in 2 months time. We made it clear the house was only for her and the girls and he was not to live there. He moved in the day after she did and gave her a ring the next month and they got married 5 months later. I investigated him and found him to be a liar, scam, criminal but not incarcarted, etc. They got mad I did the investigation so a "war" started between us and they went to the police and told lies to get a restraining order on me, preventing me from attending the wedding and ow they won't let us see the grandkids we raised. We live in Arkansas. We want to see the grandaughters we helped raise. What can we do? This guy is very disrespectful, a fake and our daughter is totally blind and won't talk to us nor pay any money back to us. He is driving the car we bought her!
Submitted: 3 years ago.
Category: Family Law
Expert:  Samuel II replied 3 years ago.

Hi


I am so sorry to hear about this family turmoil. You do have a right to Petition the Court for Grandparent visits. And, with what you set forth here, and the bond/relationship you established with your grandchildren, I would suggest you would be given those visitations.

 

Here is the law as it pertains to your rights. It states the following:

 

A.C.A. § 9-13-103 (2010)
9-13-103. Visitation rights of grandparents when the child is in the custody of a parent.

(a) For purposes of this section:

(1) "Child" means a minor under eighteen (18) years of age of whom the custodian has control and who is:

(A) The grandchild of the petitioner; or

(B) The great-grandchild of the petitioner;

(2) "Counseling" means individual counseling, group counseling, or other intervention method;

(3) "Custodian" means the custodial parent of the child with the authority to grant or deny grandparental visitation;

(4) "Mediation service" means any formal or informal mediation; and

(5) "Petitioner" means any individual who may petition for visitation rights under this section.

(b) A grandparent or great-grandparent may petition a circuit court of this state for reasonable visitation rights with respect to his or her grandchild or grandchildren or great-grandchild or great-grandchildren under this section if:

(1) The marital relationship between the parents of the child has been severed by death, divorce, or legal separation;

(2) The child is illegitimate and the petitioner is a maternal grandparent of the illegitimate child; or

(3) The child is illegitimate, the petitioner is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.

(c) (1) There is a rebuttable presumption that a custodian's decision denying or limiting visitation to the petitioner is in the best interest of the child.

(2) To rebut the presumption, the petitioner must prove by a preponderance of the evidence the following:

(A) The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation; and

(B) Visitation with the petitioner is in the best interest of the child.

(d) To establish a significant and viable relationship with the child, the petitioner must prove by a preponderance of the evidence the following:

(1) (A) The child resided with the petitioner for at least six (6) consecutive months with or without the current custodian present;

(B) The petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months; or

(C) The petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months; or

(2) Any other facts that establish that the loss of the relationship between the petitioner and the child is likely to harm the child.

(e) To establish that visitation with the petitioner is in the best interest of the child, the petitioner must prove by a preponderance of the evidence the following:

(1) The petitioner has the capacity to give the child love, affection, and guidance;

(2) The loss of the relationship between the petitioner and the child is likely to harm the child; and

(3) The petitioner is willing to cooperate with the custodian if visitation with the child is allowed.

(f) (1) An order granting or denying visitation rights to grandparents and great-grandparents shall be in writing and shall state any and all factors considered by the court in its decision to grant or deny visitation under this section.

(2) (A) If the court grants visitation to the petitioner or petitioners, the visits may occur without regard to which parent has physical custody of the child.

(B) Visits with a paternal grandparent or great-grandparent may occur even when the child is in the custody of the mother, and visits with a maternal grandparent or great-grandparent may occur even when the child is in the custody of the father.

(3) (A) If the court grants visitation to the petitioner under this section, then the visitation shall be exercised in a manner consistent with all orders regarding custody of or visitation with the child unless the court makes a specific finding otherwise.

(B) If the court finds that the petitioner's visitation should be restricted or limited in any way, then the court shall include the restrictions or limitations in the order granting visitation.

(4) An order granting or denying visitation rights under this section is a final order for purposes of appeal.

(5) After an order granting or denying visitation has been entered under this section, the custodian or petitioner may petition the court for the following:

(A) Contempt proceedings if one (1) party to the order fails to comply with the order;

(B) To address the issue of visitation based on a change in circumstances; or

(C) To address the need to add or modify restrictions or limitations to visitation previously awarded under this section.

(g) (1) A court may order mediation services to resolve a visitation issue under this section if:

(A) Mediation services are available;

(B) Both parties agree to participate in mediation services; and

(C) One (1) or both of the parties agree to pay for mediation services.

(2) Records, notes, reports, or discussions related to the mediation service shall not be used by the court to determine visitation under this section.

(h) (1) A court may order counseling to address underlying matters surrounding the visitation issue under this section if:

(A) Counseling is available;

(B) Both parties agree to participate in counseling; and

(C) One (1) or both of the parties agree to pay for counseling.

(2) Records, notes, reports, or discussions related to the counseling shall not be used by the court to determine visitation under this section.

 

 



Edited by Samuel-II on 10/1/2010 at 10:43 PM EST
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 21914
Experience: General practice of law with emphasis in family law.
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