SB55 Alabama 2016 Session

Summary

Primary Sponsor

Gerald H. Allen Senator

Republican

Session

Regular Session 2016

Title

Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed

Description

Under existing statutory law, grandparents may petition for visitation with their grandchildren under certain circumstances. The Alabama Supreme Court declared parts of Alabama's existing grandparent visitation law unconstitutional.

This bill would repeal the existing grandparent visitation law and replace it with a new grandparent visitation law that requires the petitioning grandparent to prove, by clear and convincing evidence, that the grandparent has an existing relationship with the grandchild and visitation is in the best interest of the child.

This bill would specify the factors that establish a significant and viable relationship for the purposes of establishing clear and convincing evidence. This bill would also establish the criteria and procedures for filing a petition.

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Subjects

Child Custody