HB32 Alabama 2010 Session

Summary

Primary Sponsor

Harry Shiver

Republican

Session

Regular Session 2010

Title

Grandparents, visitation with minor child, considerations of court in determining best interests of child, Sec. 30-3-4.1 am'd.

Summary

HB32 would let grandparents petition for visitation with a minor child in more situations and creates a rule that the parent living with the child is presumed to know what is best for the child.

What This Bill Does

It expands when grandparents may seek visitation by listing several common family changes and living arrangements. It creates a rebuttable presumption that the parent or parents with whom the child lives know what is best for the child, and the court must decide best interests using specified factors. Visitation can be denied if it would endanger the child’s health or emotional development, and there are limits on how often a grandparent can file for visitation. The bill also allows for revocation or modification of visitation later, requires written findings, and may appoint a guardian ad litem at the petitioning grandparent’s expense.

Who It Affects

• Grandparents: gained expanded avenues to petition for visitation and may be granted visitation under the court’s best-interests standard, with possible costs and conditions.
• Parents/custodians: when the child lives with them, a rebuttable presumption favors their judgment about the child’s best interests, and their wishes influence decisions; they may seek to revoke or modify visitation orders under certain conditions.

Key Provisions

• Defines 'grandparent' to include the parent of a parent, a deceased parent, or a parent of a parent whose parental rights have been terminated in certain adoptions.
• Permits a grandparent to file an original action for visitation if the child’s best interests align with conditions such as death of a parent, dissolution of the parents’ marriage, abandonment, birth out of wedlock, or the child living with married biological parents.
• Allows a grandparent to intervene in custody, divorce, or termination-of-parental-rights actions related to adoption.
• Requires the court to determine the child’s best interests, allows a rebuttable presumption in favor of the custodial parent, and requires consideration of factors including relationship encouragement, child’s preference, health, domestic violence, and other relevant circumstances.
• Visitation can be denied if it would endanger the child’s health or emotional development; imposes limits on filing frequency (not more than once every two years, and not in years with another custody action).
• After visitation is granted, the custodian may petition to revoke or amend for good cause; guardians ad litem may be appointed at the petitioning grandparent’s expense if affordable.
• Notwithstanding other provisions, visitation cannot be granted if the parent has given up custody or abandoned the child unless there is an established grandparent-child relationship and a finding that visitation is in the child’s best interests.
• Effective date: becomes law on the first day of the third month after passage and approval by the governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law