SB3 Alabama 2015 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2015

Title

Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed

Summary

This bill repeals the old grandparent visitation law and creates a new process where grandparents must prove, by clear and convincing evidence, that they have a significant relationship with the grandchild and that visitation is in the child's best interest.

What This Bill Does

If passed, the bill lets grandparents petition for visitation in probate court but requires them to show a significant and viable relationship with the grandchild and that visitation would be in the child's best interest, using a clear and convincing evidence standard. It sets specific ways to prove the relationship (such as living with the child for six months, regularly caregiving for six months, or having frequent contact for 12 months) and outlines factors the court will use to decide what is best for the child. The bill also details filing procedures, notices to other parties, temporary visitation options, and how existing orders can be modified or terminated, while repealing the previous statute and moving rules to probate court with related protections for all involved.

Who It Affects

• Grandparents seeking visitation: can petition for visitation but must meet the new clear-and-convincing standard and follow defined filing, notice, and potential temporary visitation rules.
• Parents and guardians of the child: retain primary decision-making rights, but the court can grant visitation if it finds a significant relationship and best interest, and may modify or terminate visitation based on changes in circumstances.

Key Provisions

• Replaces the old grandparent visitation law with a new regime requiring the petitioner to prove, by clear and convincing evidence, a significant and viable relationship with the child and that visitation is in the child's best interest; defines what counts as a significant relationship (e.g., six months of residency, six months of regular caregiving, or 12 months of frequent contact).
• Sets filing and court procedures (filing in probate court, notice to other grandparents, possible pendente lite (temporary) visitation, and rules for modification or termination based on material changes) and includes repeal of Section 30-3-4.1, while outlining protections and costs associated with the petitions.

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