HB536 Alabama 2021 Session

Under existing law, a grandparent may file an action in circuit court to intervene in any action when any court in the state has before it an issue concerning custody of his or her grandchild, to establish visitation rights with the child.

Under existing law, there is a rebuttable presumption that a fit parent's decision not to allow visitation to a grandparent, in certain circumstances, is in the best interest of the child.

This bill would provide that in cases of the divorce of the parents of the child or the death of a parent or parents of the child, there is a rebuttable presumption that a fit grandparent's ability to exercise visitation with the child is in the best interest of the child, and that to rebut the presumption, the parent would need to show that allowing visitation would not be in the best interest of the child.

This bill would also provide for temporary orders granting visitation to a grandparent in instances of the divorce of the parents or the death of the parent or parents of the child, pending a final order.

Relating to grandparent visitation; to amend Section 30-3-4.2, Code of Alabama 1975; to provide that in certain circumstances, there is a rebuttable presumption that a fit grandparent's ability to exercise visitation with the child is in the best interest of the child; to provide for the rebuttal of that presumption; and to provide for temporary orders granting visitation to a grandparent in certain circumstances, pending a final order.