AR HB1773

Amends Arkansas Code § 9-13-103 to add definitions of "reasonable visitation" (1-4 weeks per year), "unreasonable alienation" (refusing access without justifiable purpose), and expands conditions under which grandparents may petition for visitation rights to include cases where the marital relationship is intact but unreasonable alienation has occurred.

Shifts the burden of proof in grandparent visitation cases so that the custodian (rather than the petitioner) must prove by preponderance of evidence that the petitioner has not established a significant and viable relationship with the child and that visitation is not in the child's best interest.

Creates new Arkansas Code § 9-13-111 granting grandparents and great-grandparents visitation rights when a parent of the child is deceased, missing, or in a permanent vegetative state, requiring the grandparent to prove by preponderance of evidence that visitation is in the child's best interest.

Establishes that "significant and viable relationship" means the child lived with the petitioner for at least 6 consecutive months, the petitioner was a regular caregiver for at least 6 consecutive months, or the petitioner had frequent contact for at least 12 consecutive months.

Excludes both visitation provisions from applying to dependency-neglect proceedings under the Arkansas Juvenile Code and permits courts to require petitioners to pay attorney's fees if a case is determined to be without merit.