Presentation Type
Thesis
Department
Political Science
Location
McClellan Hall Room 100
Description
This thesis explores the evolving legal landscape of grandparents’ custody and visitation rights within the West South Central states—Arkansas, Louisiana, Oklahoma, and Texas. As family structures in the United States shift away from the traditional nuclear model, the legal system faces increasing pressure to adapt to non-traditional caregiving arrangements. Grandparents are increasingly stepping into pivotal caregiving roles, yet their legal standing remains inconsistent and often unclear. By distinguishing between custody (legal and physical) and visitation, this thesis highlights how state-specific statutes treat these rights differently and under what circumstances grandparents may be granted either. Using primary legislation compiled from sources such as Justia’s 50-State Survey, this work provides an in-depth analysis of each state's legal framework, uncovering both shared principles, such as the prioritization of the child’s best interests, and substantial inconsistencies in legal access and standards. Particular attention is given to constitutional concerns, such as parental rights and due process, which further complicate the ability of grandparents to assert their legal interests. This thesis argues for the development of clearer and more uniform laws that reflect modern family dynamics and protect the rights of both children and their extended family members, especially in cases where grandparents serve as vital caregivers.
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Included in
Grandparent Custody and Visitation Rights in the West South Central States: A Comparative Legal Analysis
McClellan Hall Room 100
This thesis explores the evolving legal landscape of grandparents’ custody and visitation rights within the West South Central states—Arkansas, Louisiana, Oklahoma, and Texas. As family structures in the United States shift away from the traditional nuclear model, the legal system faces increasing pressure to adapt to non-traditional caregiving arrangements. Grandparents are increasingly stepping into pivotal caregiving roles, yet their legal standing remains inconsistent and often unclear. By distinguishing between custody (legal and physical) and visitation, this thesis highlights how state-specific statutes treat these rights differently and under what circumstances grandparents may be granted either. Using primary legislation compiled from sources such as Justia’s 50-State Survey, this work provides an in-depth analysis of each state's legal framework, uncovering both shared principles, such as the prioritization of the child’s best interests, and substantial inconsistencies in legal access and standards. Particular attention is given to constitutional concerns, such as parental rights and due process, which further complicate the ability of grandparents to assert their legal interests. This thesis argues for the development of clearer and more uniform laws that reflect modern family dynamics and protect the rights of both children and their extended family members, especially in cases where grandparents serve as vital caregivers.