SB276 Alabama 2021 Session

Summary

Primary Sponsor

Tom ButlerSenator

Republican

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

SB276 sets a presumption that a fit grandparent should have visitation in certain family-change cases, allows temporary visitation orders, and adds rules about foreign-state visitation orders.

What This Bill Does

Creates a rebuttable presumption that a fit grandparent’s visitation is in the child’s best interest in cases of parental divorce or death, or when paternity, custody, visitation, or support actions are filed, or when a parent fails to provide support or maintain a significant relationship, or when a grandparent had primary custody for over one year. To rebut, the parent must prove by clear and convincing evidence that visitation is not in the child’s best interest; the grandparent must show a significant and viable relationship and that visitation would benefit the child. It allows temporary visitation orders (pendente lite) during divorce or death proceedings if the court finds a significant relationship and that visitation would be in the child’s best interest, under specified conditions. It also sets filing paths in some adoption-related cases, requires notice to other grandparents, allows modification or termination of visitation if circumstances change, and restricts enforcement of foreign-state visitation orders unless they include required findings of fact.

Who It Affects

• Grandparents: may file for visitation, receive a rebuttable presumption in certain family-change scenarios, and may obtain temporary visitation before a final order, subject to proving a significant relationship and the child’s best interest.
• Parents/guardians: must respond to or rebut the grandparent’s request using a clear and convincing standard, with their parental rights balanced against the child’s best interests; may be affected by temporary visitation orders and potential modifications or terminations if circumstances change.

Key Provisions

• Presumption that a fit grandparent’s visitation is in the child’s best interest in specified circumstances (divorce/separation, death, actions to establish paternity/custody/visitation/support, lack of parental financial/emotional support, or prior primary custody).
• To rebut, the parent must prove by clear and convincing evidence that visitation is not in the child’s best interest; the grandparent must prove a significant and viable relationship and that visitation is in the child’s best interest.
• Veirifications for establishing a significant relationship include six months residency or caregiving, or 12 months of regular contact resulting in a strong bond, among other factors; the grandparent must prove capacity to provide love and guidance and willingness to cooperate with the parents.
• Temporary visitation (pendente lite) may be ordered during divorce or death proceedings if conditions show a significant relationship and that visitation is in the child’s best interest, with specific qualifying scenarios (six months residence, caregiving, financial support, or frequent contact).
• Adoption-related paths may require filing in probate court in certain cases, and visitation rights may terminate upon adoption unless otherwise allowed by law; certain parties must be given notice and may seek modification or termination on material changes in circumstances.
• Foreign-state visitation orders are not enforceable unless they include specific written findings showing a significant and viable relationship and that visitation is in the child’s best interest; Alabama courts apply the state’s standards under this section.

AI-generated summary using openai/gpt-5-nano on Feb 23, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Family Law