The Tara's law in Arkansas is also known as "House Bill 1799", which is a law that was passed in 2019 to amend the rights of grandparents regarding child custody and visitation.
Tara's law in Arkansas established a legal framework for grandparents to petition for visitation and set out specific factors a court might consider, which includes a presumption that the parent's decision to deny visitation is in the child's best interest.
The key provisions of Tara's law in Arkansas are grandparents petition for visitation, presumption in favor of the parent, factors for the court to consider and exclusion for dependency neglect cases.
The Tara's law allows grandparents to petition a court for visitation rights under certain circumstances, like when the parent's marital relationship has been severed by death, legal separation or divorce, or if the primary custodian is deemed unfit.
Tara's law also creates a rebuttable presumption that the parent's decision to deny visitation is in the best interest of the child, which means that the grandparent must also provide evidence that is clear and convincing to overcome the presumption.
And when determining if visitation is in the best interest of the child, the court can also consider factors, like the emotional ties between the child and the grandparent, the length and the quality of the relationship and the mental and physical health of all parties, and the wishes of the child as well.
The provisions of the Tara's law in Arkansas do not apply to dependency neglect proceedings that are conducted under the Arkansas Juvenile Code.