SB55 Alabama 2016 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2016

Title

Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed

Summary

SB55 replaces the old grandparent visitation law with a new standard that grandparents must prove a significant and viable relationship and that visitation is in the child's best interest, using clear and convincing evidence.

What This Bill Does

The bill repeals the current grandparent visitation statute and creates a new process where a grandparent must show, by clear and convincing evidence, that they have a significant and viable relationship with the child and that visitation is in the child's best interests. It defines what counts as a significant relationship and sets filing criteria and courtroom procedures. It also introduces a rebuttable presumption that a fit parent's decision about visitation is best, which the grandparent must overcome by meeting both relationship and best-interest standards, and it lays out notices, temporary visitation options, possible modifications, and the effect of adoption on visitation rights.

Who It Affects

• Grandparents seeking visitation: must prove a significant and viable relationship with the grandchild and that visitation is in the child's best interests, may file original actions or intervene, are subject to filing limits for married grandparents, must provide notice to other grandparents, and may be ordered temporary visitation or face modification rules.
• Parents/guardians and the child: their decision to allow or limit visitation is given special weight, but must be balanced against the grandparent relationship; the court may modify visitation if circumstances change, and the child's adoption can terminate grandparent visitation except in certain cases.

Key Provisions

• Repeals Section 30-3-4.1 and creates a new grandparent visitation framework with a clear burden of proof.
• Burden of proof: petitioners must prove by clear and convincing evidence both a significant and viable relationship and that visitation is in the child's best interest.
• Significant and viable relationship: factors include six months of residency with the child, six months of regular caregiving, or 12 months of frequent/regular contact that forms a strong bond, plus other facts indicating potential harm if the relationship is lost.
• Best interests criteria: petitioner must show the ability to provide love, affection, and guidance, that losing the relationship could harm the child, and the petitioner is willing to cooperate with the parents.
• Filing and procedures: sets who may file, where to file, notice requirements to other grandparents, and written factual findings by the court.
• Temporary and modification provisions: a pendente lite order for temporary visitation may be issued, and visitation can be modified or terminated if a material change in circumstances occurs and is in the child's best interest.
• Limitations and costs: married grandparents cannot file more than once every 24 months without good cause; the court may award reasonable expenses.
• Special cases and jurisdiction: certain petitions may be filed in probate court or governed by other specific statutes; adopts rules on adoption's impact on visitation (termination upon adoption unless exceptions apply).
• Policy balance and severability: recognizes parental rights while balancing state interests, with severability and a defined effective date.

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