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Hello. My name is***** am going to assist you with your question.
Were the two of you ever married?
Was she married to him? Did they get divorced? Is there a custody or timesharing plan?
I'm going to opt out and allow another expert to take if from here. I apologize for not being able to assist you further.
Arkansas statutes dealing with grandparent visitation. are relatively long and detailed. Grandparents may request visitation rights if the parents' marital relationship has been severed by death, divorce, or legal separation. In addition, visitation may be requested if the child is in the custody or under the guardianship of a person other than a natural or adoptive parent, or if the child is illegitimate.
In the case of an illegitimate child, a paternal grandparent may request visitation only if paternity has been established in court.
As in all of the United States, the court must decide that a visitation order would be in thebest interest and welfare of the child. If aparent or guardian has denied visitation as not being in the best interest of the child, the grandparent seeking visitation must rebut that presumption.
The grandparent must document a "significant and viable" relationship with the child. Such a relationship is presumed to have existed if the child resided with the grandparent for six or more months, the grandparent was the caregiver for six or more months or the grandparent had "frequent or regular" contact with the child for twelve or more months.
In order to show that visitation is in the child's best interest, the grandparent must demonstrate all three of the following: an ability to give the child "love, affection and guidance"; the harm to the child that would result if visitation is denied; and a willingness to cooperate with the parent or other person having custody. Obviously, the hardest requirement for grandparents to meet is the requirement to show harm if contact is denied.
You should be aware of the UCCJEA which is an interstate compact. Arkansas will continue to be the home state of the children in governing the relationship. In some cases however their, if their father is convicted of possessing child porn and there is a reasonable likelihood that he is unable to have any meaningful relationship with the children because he is in prison, then it is likely that he will have very little bearing on the proceedings
I apologize for the delay and I'm terribly sorry to hear about these terrible circumstances. I highly recommend hiring a lawyer in both jurisdictions. This is up to each lawyer in each jurisdiction, but I think an effort should be made to move the proceedings to Alabama. This will not be easy, I do not recommend a newly minted lawyer for this type of work. Insist on a board certified, marital attorney for each state. In order to stay budget minded, I would attempt to speak with someone in each jurisdiction and for a relationship so that they are ready to go when you need them. I wish you the very best of luck.