SB264 Alabama 2011 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Harri Anne Smith
Republican
Session: Regular Session 2011
Title: Grandparents, visitation with minor child, definition to include great-grandparent, considerations of court in determining best interests of child, Sec. 30-3-4.1 am'd.
Summary: SB264 expands who can seek grandparent visitation, allows petitions even if a parent has given up custody or abandoned the child, and adds a presumption about the living parent's view of the child's best interests.
What This Bill Does
It expands who counts as a grandparent to include great-grandparents. It allows a grandparent to petition for visitation even if the parent has given up custody or abandoned the child, under the court’s best interest determination and with an established relationship in some cases. It creates a rebuttable presumption that the parent or parents living with the child know what is in the child's best interests and requires the court to consider specific factors when deciding visitation. It also sets filing limits, allows for a guardian ad litem at the petitioner’s expense, and preserves safeguards that visitation must be in the child’s best interests and not endanger the child.

Who It Affects
Grandparents and great-grandparents who seek visitation with a grandchild; they may file for visitation in more circumstances and may be awarded visitation if it is in the child’s best interests and an established relationship exists in some cases.
Parents or guardians with whom the child lives; their status (such as relinquished custody or abandoned finances) and their role in the child’s life influence the court’s decision, and there is a presumption that they know what is best for the child.

Key Provisions
Definition change: expands 'grandparent' to include great-grandparents.
Petition eligibility: allows a grandparent to file for visitation under additional circumstances, including when a parent has given up custody voluntarily or by court order or has financially abandoned the child.
Intervention authority: allows any grandparent to intervene in custody, divorce, or termination proceedings when relevant to visitation.
Best-interests and factors: requires the court to determine if visitation is in the child’s best interests and to consider factors such as willingness to encourage relationship, the child’s preference, health of the child and grandparent, domestic violence, and whether there is an established relationship if custody was relinquished or abandoned.
Presumption about living parent: creates a rebuttable presumption that the parent living with the child knows what is in the child’s best interests.
Guardians ad litem and filing limits: may appoint a guardian ad litem at the petitioner’s expense; restricts filings to no more than once per two years and limits filing when another custody action exists; allows revocation or amendment of visitation orders for good cause.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Family Law