SB348 Alabama 2017 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

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

SB348 requires grandparent visitation actions to be filed in the circuit court's domestic relations division or assigned to a circuit judge who regularly hears domestic relations cases.

What This Bill Does

If enacted, any original action by a grandparent for court-ordered visitation must be filed in the circuit court's domestic relations division, if one exists, or assigned to a circuit judge who regularly handles domestic relations cases. The bill keeps the existing grounds and standards of proof for visitation, including a rebuttable presumption in favor of a parent's decision and the requirement to prove a significant and viable relationship and the child's best interests by clear and convincing evidence. It also preserves notice requirements to other grandparents and necessary parties and allows temporary visitation orders under certain conditions, with immediate effect upon passage.

Who It Affects

• Grandparents seeking visitation: must file in the circuit court's domestic relations division (if available) or have the case assigned to a circuit judge who handles domestic relations cases, under the same grounds and standards as current law.
• Parents/guardians and other family members: their rights and responsibilities in visitation decisions are maintained, but they must receive notice and may be subject to temporary orders or modifications as the case proceeds.

Key Provisions

• Assignment change: All grandparent visitation petitions must be filed in the circuit court's domestic relations division, if one exists, or assigned to a circuit judge who regularly handles domestic relations cases.
• Continued grounds and standards: The bill retains the existing circumstances that allow visitation (e.g., parental divorce/separation, death, out-of-wedlock birth with specific grandparent relationships, termination of parental rights, adoption) and the burden of proof, including a presumption in favor of the parent's decisions and the requirement to prove significant and viable relationship and best interests by clear and convincing evidence.
• Procedural notices and temporary orders: Notice to other grandparents and all necessary parties is preserved; the court may grant pendente lite (temporary) visitation orders under defined conditions before a final ruling.
• Definitions and effective date: The act keeps defined terms (e.g., grandparent, harm, significant and viable relationship) and becomes effective immediately upon approval.

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