SB190 Alabama 2014 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Co-Sponsors

Jimmy HolleyClay ScofieldMark Slade BlackwellGerald O. DialBill Hightower

Session

Regular Session 2014

Title

Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed

Summary

SB190 would replace Alabama's current grandparent visitation law with a new framework that requires clear and convincing evidence of a significant grandparent Relationship and the child's best interests before visitation can be granted.

What This Bill Does

It repeals the old grandparent visitation statute and creates a new system. A petitioning grandparent must prove a significant and viable relationship with the grandchild and that visitation is in the child's best interests by clear and convincing evidence, using specific factors to show the relationship. The bill outlines filing procedures, who must be notified, and how courts decide, modify, or terminate visitation, including a possible temporary visitation order. It also limits how often married grandparents can file and provides costs and notices rules.

Who It Affects

• Grandparents seeking visitation: They must prove, by clear and convincing evidence, that they share a significant and viable relationship with the grandchild and that visitation is in the child’s best interests; there are limits on filing frequency for grandparents who are married, and they may seek a temporary visitation order during litigation.
• Parents/guardians and other involved parties: Courts give weight to a fit parent's decisions but may grant, modify, or terminate visitation based on evidence; all relevant parties and agencies must be notified, and adoption or custody changes can affect visitation rights.

Key Provisions

• Repeals Section 30-3-4.1 and creates a new grandparent visitation law.
• Defines key terms, including 'grandparent' and 'harm' to establish when visitation can be sought.
• Allows a grandparent to petition for reasonable visitation when specific circumstances exist (e.g., death, divorce, custody issues, or out-of-wedlock birth with certain grandparent statuses).
• Establishes a rebuttable presumption that a fit parent’s decision to deny visitation is in the child's best interests; to overcome, the grandparent must show a significant and viable relationship and that visitation is in the child's best interests, by clear and convincing evidence.
• Sets criteria to prove a significant and viable relationship (six months of residence, six months as a caregiver, or 12 months of frequent contact, or other factors showing potential harm if the relationship ends).
• Requires the grandparent to prove in detail that visitation is in the child’s best interests (capacity to provide love and guidance, potential harm from losing the relationship, and willingness to cooperate with the parents).
• Allows the court to grant temporary (pendente lite) visitation if certain conditions are met during the case and to modify or terminate visitation if circumstances change, based on best interests.
• Addresses filing specifics, required parties, notice to other grandparents, and service rules; limits on filings for married grandparents; and legal costs or expenses related to the proceedings.
• Provides that termination or modification can occur upon adoption or finding of changed circumstances, with the act remaining severable and effective immediately upon enactment.

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