AR HB1799

Act is known as "Tara's Law" and recognizes the fundamental rights of parents while supporting grandparental relationships after considering potential harm to the child from limiting prior relationships.

Grandparents may petition for visitation rights if the parental marital relationship ended by death/divorce/separation, the child is illegitimate with established paternity, the custodian is unfit, there are compelling circumstances overcoming the parental decision presumption, or a stepparent adopted the child due to a biological parent's death.

Creates a rebuttable presumption that a custodian's decision denying visitation is in the child's best interest, requiring the grandparent to prove by preponderance of evidence a significant and viable relationship with the child and that visitation serves the child's best interest.

Grandparents must establish a significant relationship by proving the child resided with them for at least 6 consecutive months, they were the regular caregiver for at least 6 consecutive months, they had frequent contact for at least 12 consecutive months, or other facts showing loss of relationship would harm the child.

Grandparent visitation cannot interfere with the parent-child relationship and does not apply to dependency-neglect proceedings under the Arkansas Juvenile Code.