Custody

If certain circumstances are met, a grandparent could file to join an existing custody case between the child’s parents to seek custody - for example, if there is an ongoing divorce case. This is known as ”intervening” in the case.¹ However, the law does not necessarily give grandparents the right to start their own court case to seek custody of a grandchild.²

In order to join (intervene in) a custody case, a grandparent must meet the following requirements:

• When the child is 12 months of age or younger:
  • the child lived with the grandparent for at least six months in a row; and
  • the grandparent was the primary caregiver for, and financial supporter of, the grandchild during the they lived together.
• When the child is older than 12 months:
  • the child lived with the grandparent for at least one year in a row;
  • the grandparent was the primary caregiver for, and financial supporter of, the grandchild during the time they lived together; and
  • the continuous period of custody occurred within one year of the date the child custody proceeding began.³

¹ Ark. Code § 9-13-101(2)(A)
² Pfeifer v. Deal, 2012 Ark. App. 190 (2012)
³ Ark. Code § 9-13-101(2)(B)