HB334 Alabama 2016 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Mike Jones
Republican
Session: Regular Session 2016
Title: Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed
Summary: HB334 repeals the old grandparent visitation law and creates a new standard that requires clear and convincing proof of a significant relationship and the child's best interests to grant visitation.
What This Bill Does
It creates a new grandparent visitation framework where a petitioning grandparent must prove, by clear and convincing evidence, 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 and outlines filing procedures, eligible petitioners, and notice requirements. It establishes a rebuttable presumption that a fit parent's decision to deny or limit visitation is in the child's best interest, which the grandparent must overcome with clear and convincing evidence of both the relationship and the best interests. It also allows temporary visitation under certain conditions, sets limits on filings for married grandparents, and specifies when petitions must be filed in probate court or under other statutes, particularly in adoption-related scenarios.

Who It Affects
Grandparents seeking visitation: must file a petition showing a significant and viable relationship and that visitation is in the child's best interest; subject to a 24-month limit for married grandparents and possible temporary visitation orders.
Parents/guardians of the child: their decision regarding visitation is given special weight as the fit parent’s choice, but may be challenged if the grandparent proves the required evidence; petitions involve notice to other parties and may interact with adoption or termination proceedings.

Key Provisions
Section repealed: Repeals 30-3-4.1 and replaces it with a new grandparent visitation law.
Definitions: Clarifies terms such as GRANDPARENT and HARM and sets that harm must be shown by clear and convincing evidence if visitation is not granted.
Filing and standing: Grandparents may file original actions in circuit court or intervene in related actions; outlines who must be named and how notice is given; specifics vary in cases involving adoption or termination.
Burden of proof: Rebuttable presumption that a fit parent's denial or limitation of visitation is in the child's best interest; to overcome, the petitioner must prove by clear and convincing evidence both a significant and viable relationship and the child's best interests are served by visitation.
Significant and viable relationship: Must show either six months of residence with the child, six months of regular caregiving, or 12 months of frequent contact resulting in a strong relationship; or other facts showing likely harm if the relationship ends.
Best interest criteria: Petitioner must show capacity to provide love/affection/guidance, that loss of the relationship could harm the child, and willingness to cooperate with the parents.
Court findings and temporary orders: Courts must issue written findings; a pendente lite (temporary) visitation order may be granted if specific conditions are met.
Limitations and modifications: Married grandparents cannot file more than once every 24 months without good cause; visitation can be modified or terminated due to a material change in circumstances and if in the child's best interest.
Costs and notices: Courts may award expenses; notices must be given to all other grandparents and other required parties; some notice requirements can be limited or waived to protect health or safety.
Effective date and severability: Act becomes effective after a set period following passage; provisions are severable.

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