HB348 Alabama 2011 Session

Updated Jul 26, 2021

Summary

Primary Sponsor: Harry Shiver
Republican
Session: Regular Session 2011
Title: Grandparents, definition to include parent of a parent of a minor child, including an adopted child, visitation with minor child, considerations of court in determining best interests of child, Sec. 30-3-4.1 am'd.
Description: Under existing law, a grandparent may petition a court for visitation under certain circumstances if visitation is in the best interest of the child. Under existing law, the authority of a court to award visitation to the grandparent is limited where the parent related to the grandparent has either given up legal custody voluntarily or by court order or where the parent has abandoned the child financially unless the grandparent has previously established a relationship with the child. A court may order a grandparent visitation if the court determines that visitation is in the best interests of the child.
This bill would authorize the grandparent of a child to petition for visitation even if the parent related to the grandparent has given up legal custody, either voluntarily or by court order, or has financially abandoned the child. This bill would authorize a grandparent who has not established a relationship with the child to intervene in any action for custody or any action seeking termination of parental rights for the purpose of an adoption, but would provide that the right of a grandparent to petition for visitation of a child terminates upon the approval by a court of a petition for adoption by a party who is not the stepparent or biological relative of the child.
This bill would create a rebuttable presumption that the parent or parents with whom the child is living know what is in the best interest of the child. This bill would authorize the court to consider, in determining what is in the best interest of the child, the fact that a parent who is related to a grandparent petitioning for visitation has either given up legal custody voluntarily or by court order or has abandoned the child financially.
Subjects: Family Law