HB536 Alabama 2021 Session

Summary

Primary Sponsor

Danny CrawfordRepresentative

Republican

Co-Sponsors

Mac McCutcheonAndy Whitt

Session

Regular Session 2021

Title

Grandparent visitation, family law, grandparents entitled to visitation of grandchild if parents die or divorce, presumption is that visitation with grandparent is in best interest of child, Sec. 30-3-4.2 am'd.

Summary

HB536 would create a presumption that a fit grandparent should have visitation with a grandchild when the parents divorce or a parent dies, and allow temporary visitation orders during ongoing proceedings.

What This Bill Does

In divorce or death cases, there would be a rebuttable presumption that a grandparent's visitation is in the child's best interest. Parents would need to prove, with clear and convincing evidence, that visitation is not in the child's best interest to rebut the presumption. The bill also allows courts to grant pendente lite (temporary) visitation for grandparents during the divorce or death proceedings if there is a significant and viable relationship and visitation would benefit the child.

Who It Affects

• Grandparents seeking visitation rights, especially when the child's parents are divorcing or a parent has died, who would gain a presumption in favor of visitation and may obtain temporary visitation orders.
• Parents of the grandchild, who would have to rebut the presumption with clear and convincing evidence if they oppose grandparent visitation, and whose decisions regarding the child would be weighed against the grandparent visitation presumption.

Key Provisions

• A new rebuttable presumption that a fit grandparent's visitation is in the child's best interest in cases of parental divorce or death; to rebut, the parent must prove by clear and convincing evidence that visitation is not in the child's best interest, including showing a significant and viable relationship or other factors.
• Authority to issue pendente lite (temporary) visitation orders to a grandparent during divorce or death proceedings, if the court finds there is a significant and viable relationship and that visitation would be in the child's best interest, pending a final order.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law