HB446 Alabama 2017 Session

Summary

Primary Sponsor

Mike Jones

Republican

Session

Regular Session 2017

Title

Grandparent visitation, action in circuit court, assignment to domestic relation division or judge, Sec. 30-3-4.2 am'd.

Summary

HB446 would require grandparent visitation petitions to be filed in the circuit court’s domestic relations division (if available) or assigned to a circuit judge who regularly handles domestic relations cases.

What This Bill Does

If enacted, any original action by a grandparent seeking visitation must be filed in the circuit court's domestic relations division or assigned to a circuit judge who regularly hears domestic relations cases. This changes which court handles these petitions and how they are routed. The bill keeps the existing framework for deciding visitation—such as presuming a parent's denial is in the child's best interest unless the grandparent can prove otherwise, and requiring clear and convincing evidence to grant visitation. It also retains provisions for temporary visitation, required notice to other grandparents, and other related rules.

Who It Affects

• Grandparents seeking visitation, whose petition must now be filed in the circuit court's domestic relations division (if one exists) or assigned to a DR judge.
• Parents or guardians of the grandchild, whose custody/visitation cases will be handled in the circuit court's domestic relations division or by a DR judge, with the court balancing parental rights against grandparent visitation.

Key Provisions

• Assignment: Any original grandparent visitation action must be filed in the circuit court, domestic relations division if it exists, or assigned to a circuit judge who regularly hears domestic relations cases.
• Definitions: The bill defines 'grandparent' and 'harm' for purposes of these visitation actions.
• Filing options: Grandparents may file original actions or intervene in custody actions to seek visitation under specified circumstances.
• Presumption and burden: There is a rebuttable presumption that a fit parent's denial of visitation is in the child's best interest; the grandparent must prove by clear and convincing evidence both a significant and viable relationship and that visitation is in the child's best interest.
• Significant relationship criteria: To show a significant and viable relationship, the grandparent may need to show factors like residing with the child, being a regular caregiver, or having substantial contact within the past three years.
• Best interests and capacity: The grandparent must demonstrate the ability to provide love and guidance and that loss of visitation could harm the child; cooperation with the parents is considered.
• Temporary visitation: The court may grant temporary (pendente lite) visitation if specific conditions are met after a hearing.
• Notice and parties: Key parties include the child's parents, others with custody/visitation, and all other grandparents; notice requirements and service rules apply.
• Filing limits and modification: Married grandparents cannot file more than once every 24 months without good cause; visitation orders can be modified or terminated on a material change in circumstances if in the child's best interest.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Domestic Relations