Ark. Code Ann. » Title 9 Chapter 13
Arkansas Code Annotated

Ark. Code Ann. § 9-13-102 (2020)

Visitation rights of brothers and sisters

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The circuit courts of this state, upon petition from any person who is a brother or sister, regardless of the degree of blood relationship or, if the person is a minor, upon petition by a parent, guardian, or next friend in behalf of the minor, may grant reasonable visitation rights to the petitioner so as to allow the petitioner the right to visit any brother or sister, regardless of the degree of blood relationship, whose parents have denied such access. The circuit courts may issue any further order that may be necessary to enforce the visitation rights.

History. Acts 1981, No. 920, § 1; A.S.A. 1947, § 57-137.

Research References

U. Ark. Little Rock L.J.

Legislative Survey, Family Law, 4 U. Ark. Little Rock L.J. 595.

Case Notes

In General.

Father, during visitation periods with his daughter, had the right to decide what was in her best interest, including visitation between and among his daughters, in his own home, without being physically present; however, the trial court clouded the issue of parental visitation rights by ordering concurrent sibling visitation rights under this section, and that part of the order was reversed. Medlin v. Weiss, 356 Ark. 588, 158 S.W.3d 140 (2004).

Cited: Sanders v. Sanders, 297 Ark. 621, 764 S.W.2d 443 (1989).

Notes of Decisions
Cited in 3 cases, 1989–2015 · leading case: Medlin v. Weiss, 158 S.W.3d 140 (Ark. 2004).
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Medlin v. Weiss, 158 S.W.3d 140 (Ark. 2004). · cites it 30× “The trial court further added that visitation rights of the siblings shall be pursuant to Ark.Code Ann. § 9-13-102 (Supp.2002). This court affirms the trial court, clarifying the March 10, 1999 order delineating parental visitation rights, but reverses the trial court as to…”
In the Matter of the Guardianship of S.H., 2015 Ark. 75, 455 S.W.3d 313. · cites it 4× “Some additional weight must be given to the natural parent’s fundamental rights, which a clear and convincing standard can provide. In this case, the court made only the following findings as to how the Herringtons rebutted the presumption that termination of the guardianship…”
Sanders v. Sanders, 764 S.W.2d 443 (Ark. 1989). · cites it 2× “We note that another statute, Ark. Code Ann. § 9-13-102 (1987), took effect in 1981 and permits an adult or minor child to petition for visitation with his or her brother or sister when the parents have denied such access.”
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