HB237 Alabama 2015 Session

Summary

Primary Sponsor

Harry Shiver

Republican

Session

Regular Session 2015

Title

Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed

Summary

HB237 creates a new framework for grandparent visitation in Alabama, requiring clear and convincing proof of a significant relationship and the child’s best interests, and replaces the old law.

What This Bill Does

The bill repeals the old grandparent visitation law and replaces it with a standard that requires the petitioning grandparent to prove, by clear and convincing evidence, that they have a significant and viable relationship with the grandchild and that visitation is in the child’s best interest. It defines what counts as a significant relationship (such as six months of residence or caregiving, or 12 months of regular contact) and sets criteria for deciding the best interest (love, guidance, potential harm from losing the relationship, and willingness to cooperate with parents). It creates filing procedures, a presumption that a fit parent’s decision is in the child’s best interest unless the grandparent meets the high burden, and rules for modifying or terminating visitation, temporary orders, and notice requirements. It also specifies when petitions should be heard in probate court or other courts, and notes that visitation rights may terminate upon adoption, with certain exceptions, and that the court must issue written findings of fact.

Who It Affects

• Grandparents seeking visitation: must meet a stringent burden of proof (significant relationship and best interests) and may file in circuit or other courts, with a limit of one petition by married grandparents every 24 months unless there is good cause.
• Parents/guardians of the child: are presumed to decide in the child’s best interest that visitation with a grandparent is not necessary, but this presumption can be overcome with clear and convincing evidence of a significant relationship and best interests.
• Children and their families: outcomes depend on whether the grandparent can prove the required relationship and best interests, and visitation may terminate upon adoption unless exceptions apply.
• Adoption and probate-related parties: petitions may be handled in probate court in certain adoption contexts, and some notices and procedures involve other court structures or agencies.

Key Provisions

• Repeals Section 30-3-4.1 and replaces it with a new grandparent visitation framework.
• Defines important terms: Grandparent, Harm, and the standard of proof as clear and convincing evidence.
• Requires petitioners to prove both a significant and viable relationship with the child and that visitation is in the child’s best interest.
• Sets specific tests for a significant relationship: six months of residence or caregiving, or 12 months of frequent contact, or other factors showing likely harm if the relationship ends.
• Establishes factors for best interest: the grandparent’s capacity to provide love and guidance, potential harm from losing the relationship, and the grandparent’s willingness to cooperate with the parents.
• Presumes a fit parent’s decision on visitation is in the child’s best interest unless the grandparent meets the high burden of proof.
• Provides for modifications or termination of visitation due to changes in circumstances and allows pendente lite (temporary) visitation orders under certain conditions.
• Requires notice to other grandparents and specifies who must be parties to the action, with proper service procedures.
• Limits repeated petitions by married grandparents to once every 24 months without good cause, and clarifies how adoption affects grandparent visitation.

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