HB263 Alabama 2022 Session

Summary

Primary Sponsor

Allen TreadawayRepresentative

Republican

Session

Regular Session 2022

Title

Visitation, court authorized to grant visitation rights to an adoptee's grandparent in certain situations, Sec. 30-3-4.2 am'd.

Summary

HB263 would let a biological grandparent seek court-ordered visitation with an adoptee in certain circumstances if that visitation is in the child's best interest.

What This Bill Does

The bill amends Alabama law to allow a grandparent to request visitation with an adoptee under defined circumstances, and to have a court decide if visitation is in the adoptee's best interest. It sets standards for proving a meaningful grandparent-child relationship and the child's best interests, and provides for both original actions and interventions in custody cases. It also outlines temporary visitation options, ongoing rights, possible termination at adoption (with exceptions), and notice/parties requirements.

Who It Affects

• Biological grandparents of adopted children who may petition for visitation when specified conditions exist
• Adoptive parents and other guardians who must respond to petitions and may have visitation decisions balanced with parental rights

Key Provisions

• Amends Section 30-3-4.2 to allow a court to grant visitation rights to an adoptee's grandparent in certain situations
• Defines 'grandparent' and 'harm' and sets standards for establishing a 'significant and viable' relationship and the child's best interests
• Allows a grandparent to file an original action in circuit court or intervene in custody actions for visitation if conditions such as divorce, death, paternity, termination of parental rights, or adoption-related issues exist
• Establishes a rebuttable presumption that a fit parent's denial of visitation is in the child's best interest; to rebut, the petitioner must show a significant relationship and that visitation is in the child's best interest by clear and convincing evidence
• Outlines what counts as a significant relationship (residence, caregiving, frequent contact) and what proves best interest (capacity to provide love/guidance, potential harm from loss, willingness to cooperate with parents)
• Requires specific written findings of fact, allows temporary visitation (pendente lite) under certain conditions, and provides for modification or termination of visitation if circumstances change
• Specifies parties who must be involved and notice requirements; permits court to limit or waive notice to protect health or safety
• Notes that grandparent visitation rights terminate at adoption unless an exception applies under 26-10A-30

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

Subjects

Visitation