SB336 Alabama 2018 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2018

Title

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

Summary

SB 336 requires grandparent visitation cases to be assigned to the circuit court’s domestic relations division (or a judge who handles domestic relations) and updates how these cases are filed and decided.

What This Bill Does

It amends Section 30-3-4.2 to require grandparent visitation actions to be filed in the circuit court and assigned to the domestic relations division, if present, or to a circuit judge who regularly handles domestic relations cases. The bill preserves the presumption that a fit parent's decision on visitation is often best but lets the grandparent prove otherwise with clear and convincing evidence showing a significant and viable relationship and that visitation is in the child’s best interest. It also outlines how a grandparent can prove a significant relationship (e.g., living with the child for six months, caregiving, or frequent contact) and allows for temporary visitation orders under certain conditions.

Who It Affects

• Grandparents seeking visitation: must file the petition in circuit court and have it assigned to the domestic relations division or a judge who handles domestic relations; they must demonstrate a significant relationship and that visitation is in the child’s best interests by clear and convincing evidence.
• Parents/guardians of the child: retain a strong presumption that a fit parent’s visitation decisions are correct, but may face court orders that modify or terminate visitation if there is a material change in circumstances and it is in the child’s best interests; they must be notified and are participants in the case.

Key Provisions

• Assignment rule: Any original grandparent visitation action must be filed in the circuit court’s domestic relations division if it exists, or assigned to a circuit judge who regularly handles domestic relations cases.
• Burden of proof and standards: The law preserves a presumption in favor of the parent's decision but allows the grandparent to rebut it with clear and convincing evidence showing a significant and viable relationship and that visitation is in the child’s best interests; specifies ways to prove a significant relationship (e.g., residence, caregiving, frequent contact).
• Temporary visitation: The court may grant pendente lite (temporary) visitation after a hearing if evidence shows a significant relationship and that visitation would be in the child's best interest under certain circumstances.
• Notice and parties: The act requires notice to all relevant parties, including other grandparents and custodians, and outlines who must be served; outlines limitations on filings by married grandparents and conditions for modification or termination of visitation.
• Public policy and balancing rights: The act balances parental rights with the state’s interest in the child, emphasizing careful consideration of harm to the child when restricting or granting visitation.

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