HB289 Alabama 2014 Session

Summary

Primary Sponsor

Harry Shiver

Republican

Co-Sponsors

Steve McMillanHoward SanderfordLynn GreerChad FincherPaul BeckmanAlan BakerK.L. BrownRandy DavisDuwayne BridgesGreg BurdineJoe HubbardBerry ForteJoe FaustMac McCutcheonRichard J. LairdBecky NordgrenAllen TreadawayApril WeaverVictor GastonBarry MooreAdline ClarkeThomas JacksonKurt WallaceAlan BootheWilliam RobertsRandall SheddThad McClammyDonnie ChesteenTodd GreesonCharles O. NewtonMack N. ButlerLawrence McAdoryKerry RichAllen FarleyMike HillRandy WoodMike JonesDexter GrimsleyDickie DrakeElaine BeechDavid SessionsAlan HarperJim CarnsDavid StandridgePebblin W. WarrenChris EnglandMac ButtramMary Sue McClurkinSteve HurstMicky HammonJohn MerrillGeorge “Tootie” BandyPaul W. LeeMark TuggleRichard BaughnJim Patterson

Session

Regular Session 2014

Title

Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed

Summary

HB289 replaces the old grandparent visitation law with a new framework that requires clear and convincing proof of a grandparent’s existing relationship and the child’s best interests before visitation can be ordered.

What This Bill Does

The bill replaces the old grandparent visitation law with a new standard requiring grandparents to prove, by clear and convincing evidence, that they have an existing relationship with the grandchild and that visitation serves the child’s best interest. It defines what counts as a significant and viable relationship (such as six months living with the child, six months as caregiver, or 12 months of regular contact) and other factors that could show potential harm if the relationship ends. It also sets filing rules, preserves some limits (married grandparents generally cannot petition more than once every 24 months without good cause), allows temporary visitation in certain cases, and lets courts modify or terminate visitation if circumstances change.

Who It Affects

• Grandparents seeking visitation: must meet a new clear-and-convincing-evidence standard and prove both an existing relationship and that visitation is in the child’s best interest, under defined conditions and with potential limits on how often they can file.
• Parents/guardians and the child: their decision-making authority is given weight through a presumption in favor of the fit parent's denial of visitation, but may be challenged if the grandparent proves the required relationship and best interests; courts may modify or terminate visitation if circumstances change and must make written findings.

Key Provisions

• Repeals Section 30-3-4.1 and replaces it with a new grandparent visitation law.
• Petition burden: grandparents must prove, by clear and convincing evidence, an existing relationship with the grandchild and that visitation is in the child's best interest.
• Definition of significant/viable relationship: factors include six months of residence with the child (with or without a parent), six months of regular caregiving, or 12 consecutive months of frequent/regular contact, plus other facts indicating potential harm if the relationship ends.
• Best-interest criteria: petitioner must show capacity to give love, affection, and guidance; that loss of the relationship could harm the child; and willingness to cooperate with the parents.
• Presumption on parental denial: a fit parent's decision to deny visitation is presumed to be in the child's best interest unless the grandparent proves both the relationship and best interest with clear and convincing evidence.
• Limited filing frequency for married grandparents: petitions by married grandparents cannot be filed more than once every 24 months unless there is good cause.
• Modification/termination: after visitation is granted, parents can petition to modify or terminate; court may modify upon a material change in circumstances and a finding that modification is in the child's best interest.
• Temporary visitation: pendente lite orders may be issued for temporary visitation if certain conditions are met and visitation would be in the child's best interest.
• Costs and expenses: courts may award reasonable expenses, including attorney’s fees and related costs, to a party.
• Parties and notice: specifies who must be parties to the action and requires notice to other grandparents; service rules and notice timing are defined.
• Venue: in some cases, petitions must be filed in probate court and are governed by related statutes; adoption proceedings may change which court handles the case.
• Adoption impact: the grandparent visitation right terminates upon adoption of the child, except as provided by related provisions.
• Effective date and severability: act becomes effective immediately after passage; provisions are severable so if part is invalid, the rest remains.

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

Subjects

Child Custody