HB97 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Victor Gaston
Republican
Session: Regular Session 2011
Title: Grandparent visitation, one petition per grandparent per 24-month period, parent authorized to petition for amendment or revocation once in 24-month period with respect to each petition awarding visitation, Sec. 30-3-4.1 am'd.
Summary: HB97 updates Alabama's grandparent visitation law to limit petitions by grandparents and by parents to revoke or amend visitation, and to set standards for when visitation can be granted.
What This Bill Does
It allows grandparents to seek visitation if it is in the child’s best interests and under specific conditions (such as deceased or absent parents, dissolved marriage, abandonment, child born outside of wedlock, or the child living with both married biological parents with barriers). It adds time limits: a grandparent cannot file for visitation more than once in any two-year period and may petition for visitation no more than once every 24 months per order; if multiple grandparents have visitation, the parent may petition for revocation or amendment for each order no more than every 24 months. It also requires the court to consider specific best-interest factors, may appoint a guardian ad litem at the petitioning grandparent’s expense, and cannot grant visitation if it would endanger the child’s health or development.

Who It Affects
Grandparents of a minor child who may seek visitation, but are subject to limits on how often they can file and under what conditions visitation can be granted.
Parents or legal guardians of the child, who may petition to revoke or amend visitation orders (limited to once every 24 months per order) and who are responsible for initiating actions in accordance with best-interest standards.

Key Provisions
Defines who counts as a grandparent for visitation purposes.
Allows a grandparent to file for visitation when the child’s best interests are served and under conditions such as death or dissolution of the parents, abandonment, birth out of wedlock, or the child living with both married biological parents with certain barriers.
Permits grandparent intervention in custody, divorce, or termination cases related to adoption, where applicable.
Requires the court to determine best interests using specified factors (including health, relationship encouragement, child’s preference if mature, and domestic violence considerations).
Visitation cannot be granted if it would endanger the child’s physical health or emotional development; protective measures may be required in cases of domestic violence.
Limitations on filings: a grandparent may not file for visitation more than once in any two-year period or in a year with another custody action; a grandparent can petition no more than once every 24 months per order.
If more than one grandparent has visitation, the parent may petition for revocation or amendment no more than once every 24 months for each order of visitation.
If granted, a guardian ad litem may be appointed at the petitioning grandparent’s cost if affordable.
If the parent has given up or abandoned custody, visitation may still be granted only if there is an established relationship and it is in the child's best interests.
Effective date: becomes law on the first day of the third month after governor approval.

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