Grandparents’ Rights to Custody, Visitation have changed in Alabama
Up until October 1, 2016, the general rule in Alabama law was that grandparents did not have any custody or visitation rights to their grandchildren unless BOTH biological parents were deemed “unfit” by the Court. This usually meant that the parents were deceased, absentee, imprisoned, saddled with addictions, etc. That law has now changed.
The Alabama legislature now recognizes that grandparents are important, and necessary, figures in a child’s life and development. The new Grandparents’ Visitation Act (Alabama Code § 30-3-4.2, et. seq.) allows a grandparent to Petition the Court for visitation rights even if the biological parents are denying visitation. The grandparent must be able to show that a bond has been previously established between the grandparent and grandchild and/or that the grandchild has lived in the household with the grandparents. Mostly, the Courts want to know how and why the child will be benefitted by maintaining a relationship with the grandparent or why the child will be negatively affected by not maintaining a relationship with the grandparent.
The Powell Law Firm, P. C. handles “Grandparents’ Rights” cases daily. Please call to schedule a free consultation, 251-968-2320