HB348 Alabama 2011 Session

Updated Feb 27, 2026

Notable

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.
Summary: HB348 lets grandparents petition for visitation with a minor under specific circumstances and requires courts to apply a best-interest standard, with a presumption that the parent(s) living with the child know what is best.
What This Bill Does
The bill defines who counts as a grandparent for visitation purposes and establishes several circumstances under which a grandparent may seek visitation rights. It requires courts to determine whether visitation is in the child's best interests and creates a rebuttable presumption that the parent(s) living with the child know what is best when the child is with those parents. It also lists factors the court must consider, limits how often petitions can be filed, and allows for guardian ad litem costs to be paid by the petitioner when appropriate.

Who It Affects
Grandparents who may petition for visitation and, if granted, those visitation rights and potential costs (including possibility of a guardian ad litem).
Parents and guardians of the child (biological and adoptive), whose custody arrangements, parental relationships, and ability to limit or permit grandparent visitation may be affected; and adoptive parents or those involved in termination of parental rights or adoption proceedings.

Key Provisions
Defines grandparent to include the parent of a parent, including an adopted child, and related adoptive scenarios.
Allows a grandparent to file for visitation if it is in the child's best interest and one of several conditions exists (e.g., death or dissolution of the parents, abandonment, birth out of wedlock, or a situation where the child lives with married parents who have restricted the grandparent's access).
Allows a grandparent to intervene in custody, divorce, or termination-of-parent-rights cases to seek visitation, including in certain adoption contexts, with restrictions on when intervention is permitted.
Court must determine best interests and cannot grant visitation if it would harm the child; introduces a rebuttable presumption that the living parent(s) know what is best for the child.
For best-interest decisions, the court must consider factors such as willingness to foster a relationship with the parent, the child's preferences if mature, health of the child and grandparent, presence of domestic violence, and other relevant circumstances.
Petitions for visitation have filing frequency limits (no more than once in two years, and not during years with other custody actions); post-grant, modifications require good cause.
The court may appoint a guardian ad litem at the petitioner’s expense to represent the child's interests.
May restrict or terminate visitation in certain cases, such as when a parent has relinquished custody or abandoned the child unless the grandparent has an established relationship and it is in the child's best interests.
The act becomes effective on the first day of the third month after passage.

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