Veazey v. Stewart, 5--5701
Decision Date | 01 November 1971 |
Docket Number | No. 5--5701,5--5701 |
Citation | 251 Ark. 334,472 S.W.2d 102 |
Parties | Guy VEAZEY et ux., Appellants, v. Mrs. Adell STEWART, Appellee. |
Court | Arkansas Supreme Court |
Allen, Young & Bogard, Little Rock, for appellant.
Alonzo D. Camp, Little Rock, for appellee.
This is an action by appellee Mrs. Adell Stewart, a grandmother, against appellants Guy Veazey, stepfather and Jo Ella Veazey, mother, to obtain visitation privileges with Linda Kennedy, a minor daughter of appellee's deceased son. The trial court granted such visitation rights and we reverse.
Jo Ella Kennedy Veazey was the wife of Jimmy Lee Kennedy, appellee's son, until his death on November 23, 1968. To that marriage was born Linda Kennedy, now age 10. This action was instituted after Jo Ella's marriage to appellant Guy Veazey on October 3, 1969. It is conceded that Jo Ella has been and is a good mother.
Appellee recognizes that under the general law there is no right of visitation enforceable by injunction in favor of a grandparent with respect to a grandchild when a natural parent having custody resists or objects. Yet she takes the position that, 'Equity regards that as done which ought to be done', and that the right of visitation should be accorded a good grandmother in an exceptional case. However in this case there is nothing that shows anything other than a normal grandchild-grandmother relationship in which the grandmother willingly did some Friday night baby sitting.
Appellee points out that the grandparents in Parks v. Crowley, 221 Ark. 340, 253 S.W.2d 561 (1952), were granted visitation privileges. The visitation privileges there grew out of a child custody action. Here it is admitted that this is not a child custody action.
Reversed and dismissed.
To continue reading
Request your trial-
Bethany v. Jones
...in favor of a grandparent with respect to a grandchild when a natural parent having custody resists or objects.” Veazey v. Stewart, 251 Ark. 334, 335, 472 S.W.2d 102, 103 (1971). In Quarles v. French, 272 Ark. 51, 611 S.W.2d 757 (1981), the court stated, “At common law, a grandparent could ......
-
Mimkon v. Ford
...This is true in Texas (Green v. Green, 485 S.W.2d 941 (Tex.Ct.Civ.App.1972), writ ref'd n.r.e.); Arkansas (Veazey v. Stewart, 251 Ark. 334, 472 S.W.2d 102 (Ark.Sup.Ct.1971)); California (Odell v. Lutz, 78 Cal.App.2d 104, 177 P.2d 628 (Cal.Dist.Ct.App.1947)); District of Columbia (Jackson v.......
-
Collins v. Gilbreath
...true where the relationship between the parties is so strained as to affect the well-being of the child. E. g., Veazey v. Stewart, (1971) 251 Ark. 334, 472 S.W.2d 102; Odell v. Lutz, (1947) 78 Cal.App.2d 104, 177 P.2d 628. But see Commonwealth ex rel. Goodman v. Dratch, (1960) 192 Pa.Super.......
-
Cox v. Stayton, 81-73
...or adoption of their grandchildren, nor even a right of visitation, absent an order of the chancery court. See, Veazey v. Stewart, 251 Ark. 334, 472 S.W.2d 102 (1971), and Quarles v. French, supra. We are drawn to the conclusion that any rights existing in grandparents must be derived from ......