Can someone tell me about this law?

Question

i have raised my nephew and his parents took him. i have power of attorney papers thru legal services but the short version. they are drug addicts and addicted to anything from gas huffing to pills. i reported to the dhs hotline monday and nothing has still been done. its a long story but none of its good. i have contacted everyone to get him back where he want to be and where he is wanted. if i cannot get him back. does arkansas have the grandparent rights law.. and how can i find it..

thanx

Answer 1

"can someone tell me about this law? i have raised my nephew and his parents took him. i have power of attorney papers thru legal services but the short version. they are drug addicts and addicted to anything from gas huffing to pills. i reported to the dhs hotline monday and nothing has still been done. its a long story but none of its good. i have contacted everyone to get him back where he want to be and where he is wanted. if i cannot get him back. does arkansas have the grandparent rights law.. and how can i find it.. thanx"

There are no quick answers to your questions-- except that "Yes, Arkansas does have a statute on a grandparent's right of visitation."

Parents do not lose parental rights merely where a guardianship or power of attorney has been provided for those parent's child.  As long as the child's parents haven't lost their parental rights through a court order, they have the power to terminate a power of attorney for their child not ordered by the court.  That generally applies to a guardianship as well.

You could seek custody of the child in family court.  But that's not an easy matter.  Courts are not inclined to permanently give people's children away to others (even to an aunt or uncle) without first having provided the parents opportunities to get things straight or without having fully adjudicated the matter.  

And DHS is the governmental entity that is responsible for petitioning the court for a change of custody in circumstances like those you've related to us.  It's sounds like you've done the right thing in calling DHS about the situation.  Now you have to be as helpful and cooperative as DHS wants you to be without interfering.  You'll also have to be patient because government bureaucracies tend to move slowly-- even where there are deadlines set for issues dealing with child endangerment.

Of course, if you have more bonafide information about the child being endangered or about illegal activities of the parents, then you should not hesitate to contact DHS again or even the local police.

Here's the Arkansas Statute mentioned earlier:

9-13-103. Visitation rights of grandparents.  

(a)    (1)  Upon petition by a person properly before it, a chancery court of this state may grant grandparents and     great-grandparents reasonable visitation rights with respect to their grandchild or grandchildren or great-grandchild or great-grandchildren at any time if:    

(A)  The marital relationship between the parents of the child has been severed by death, divorce, or   legal separation; or      (B)  The child is in the custody or under the guardianship of a person other than one (1) or both of his natural or adoptive parents; or     (C)  The child is illegitimate, and the person is a maternal grandparent of the illegitimate child; or      (D)  The child is illegitimate, and the person is a paternal grandparent of the illegitimate child, and paternity has been established by a court of competent jurisdiction.      (2)  The visitation rights may only be granted when the court determines that such an order would be in the best interest and welfare of the minor.      (3)  (A)  An order denying visitation rights to grandparents and great-grandparents shall be in writing and shall state the reasons for denial.      (B)  An order denying visitation rights is a final order for purposes of appeal.      (b)  If the court denies the petition requesting grandparent visitation rights and determines that the petition for grandparent visitation rights is not well-founded, was filed with malicious intent or purpose, or is not in the best interest and welfare of the child, the court may, upon motion of the respondent, order the petitioner to pay reasonable attorney's fees and court costs to the attorney of the respondent, after taking into consideration the financial ability of the petitioner and the circumstances involved.      (c)  The provisions of subsections (a) and (b) of this section shall only be applicable in situations:       (1)  In which there is a severed marital relationship between the parents of the natural or adoptive children by either death, divorce, or legal separation; or     (2)  In which the child is in the custody or under the guardianship of a person other than one (1) or both of his natural or adoptive parents; or      (3)  If the child is illegitimate.      History. Acts 1985, No. 403, §§ 1, 3; A.S.A. 1947, §§ 34-1211.2, 34-1211.3; Acts 1987, No. 17, § 1; 1993, No. 1231, § 1; 1995, No. 1200, § 1.  

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]