Free Membership Includes:

Free grandparent rights attorney network consultation.

Free grandparent rights guidebook that includes state laws, statutes and free grandparent rights resources.

Free Alabama forms and documents*

Free Alabama Grandparent Rights Documents

Sign up for a free Alabama grandparent rights membership to access benefits.

Section 30-3-4.2 - Alabama Grandparents visitation - an Overview of Alabama Grandparent Rights

(a) For the needs of this section, the subsequent words have the subsequent meanings:

(1) GRANDPARENT. The parent of a parent, whether the connection is made biologically or through adoption.

(2) HARM. A finding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child's emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized.

(b) A grandparent may file an ingenious action during a circuit court where his or her grandchild resides or the other court exercising jurisdiction with reference to the grandchild or file a motion to intervene in any action when any court during this state has before it any issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild, for reasonable legal right with reference to the grandchild if any of the subsequent circumstances exist:

(1) An action for a divorce or legal separation of the oldsters has been filed, or the marriage between the oldsters of the kid has been severed by death or divorce.

(2) the kid was born out of wedlock and therefore the petitioner may be a maternal grandparent of the kid .

(3) the kid was born out of wedlock, the petitioner may be a paternal grandparent of the kid , and paternity has been legally established.

(4) An action to terminate the parental rights of a parent or parents has been filed or the parental rights of a parent has been terminated by court order; provided, however, the proper of the grandparent to hunt visitation terminates if the court approves a petition for adoption by an adopter , unless the legal right are allowed pursuant to Section 26-10A-30.

(c)

(1) there's a rebuttable presumption that a fit parent's decision to deny or limit visitation to the petitioner is within the best interest of the kid .

(2) To rebut the presumption, the petitioner shall prove by clear and convincing evidence, both of the following:

a. The petitioner has established a big and viable relationship with the kid for whom he or she is requesting visitation.

b. Visitation with the petitioner is within the best interest of the kid .

(d) to determine a big and viable relationship with the kid , the petitioner shall prove by clear and convincing evidence any of the following:

(1)

a. the kid resided with the petitioner for a minimum of six consecutive months with or without a parent present within the three years preceding the filing of the petition.

b. The petitioner was the caregiver to the kid on a daily basis for a minimum of six consecutive months within the three years preceding the filing of the petition.

c. The petitioner had frequent or regular contact with the kid for a minimum of 12 consecutive months that resulted during a strong and meaningful relationship with the kid within the three years preceding the filing of the petition.

(2) the other facts that establish the loss of the connection between the petitioner and therefore the child is probably going to harm the kid .

(e) to determine that visitation with the petitioner is within the best interest of the kid , the petitioner shall prove by clear and convincing evidence all of the following:

(1) The petitioner has the capacity to offer the kid love, affection, and guidance.

(2) The loss of a chance to take care of a big and viable relationship between the petitioner and therefore the child has caused or is fairly likely to cause harm to the kid .

(3) The petitioner is willing to cooperate with the parent or parents if visitation with the kid is allowed.

(f) The court shall make specific written findings of fact in support of its rulings.

(g)

(1) A grandparent or grandparents who are married to every other might not file a petition seeking an order for visitation quite once every 24 months absent a showing of excellent cause. the very fact that a grandparent or grandparents who are married to every other have petitioned for visitation shall not preclude another grandparent from subsequently petitioning for visitation within the 24-month period. After an order for grandparent visitation has been granted, the parent, guardian, or legal custodian of the kid may file a petition requesting the court to switch or terminate a grandparent's visitation time with a grandchild.

(2) The court may modify or terminate visitation upon proof that a cloth change in circumstances has occurred since the award of grandparent visitation was made and a finding by the court that the modification or termination of the grandparent legal right is within the best interest of the kid .

(h) The court may award any party reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, guardian ad litem fees, investigative fees, expenses for court-appointed witnesses, travel expenses, and child care during the course of the proceedings.

(I)

(1) Notwithstanding any provisions of this section to the contrary, a petition filed by a grandparent having standing under Chapter 10A of Title 26, seeking visitation shall be filed in court and is governed by Section 26-10A-30, instead of by this section if either of the subsequent circumstances exists:

a. The grandchild has been the topic of an adoption proceeding aside from the one creating the grandparent relationship.

b. The grandchild is that the subject of a pending or finalized adoption proceeding.

(2) Notwithstanding any provisions of this section to the contrary, a grandparent seeking visitation pursuant to Section 12-15-314 shall be governed by that section instead of by this section.

(3) Notwithstanding any provisions of this section to the contrary, a parent of a parent whose parental rights are terminated by a writ during which the petitioner was the Department of Human Resources, shall not be awarded any legal right pursuant to the present section.

(j) the proper of a grandparent to take care of legal right pursuant to the present section terminates upon the adoption of the kid except as provided by Section 26-10A-30.

(k) All of the subsequent are necessary parties to any action filed under this section:

(1) Unless parental rights are terminated, the parent or parents of the kid .

(2) Every other one that has been awarded custody or visitation with the kid pursuant to writ .

(3) Any agency having custody of the kid pursuant to writ .

(l) additionally , upon filing of the action, notice shall tend to all or any other grandparents of the kid . The petition shall affirmatively state the name and address upon whom notice has been given.

(m) Service and see shall be made within the following manner:

(1) Service of process on necessary parties shall be made in accordance with the Alabama Rules of Civil Procedure.

(2) on the other person to whom notice is required to tend under subsection (l), notice shall tend by first-class mail to the last known address of the person or persons entitled to note . Notice shall be effective on the third day following mailing.

(n) Notwithstanding the foregoing, the notice requirements provided by this section could also be limited or waived by the court to the extent necessary to guard the confidentiality and therefore the health, safety, or liberty of an individual or a toddler .

(o) Upon filing an action under this section, after giving special weight to the elemental right of a fit parent to make a decision which associations are within the best interest of his or her child, the court may, after a hearing, enter a pendente lite order granting temporary legal right to a grandparent, pending a final order, if the court determines from the evidence that the petitioner has established a big and viable relationship with the kid for whom he or she is requesting visitation, visitation would be within the best interest of the kid , and any of the subsequent circumstances exist:

(1) the kid resided with the grandparent for a minimum of six consecutive months within the three years preceding the filing of the petition.

(2) The grandparent was the caregiver of the kid on a daily basis for a minimum of six consecutive months within the three years preceding the filing of the petition.

(3) The grandparent provided significant support for the kid for a minimum of six consecutive months within the three years preceding the filing of the petition.

(4) The grandparent had frequent or regular contact with the kid for a minimum of 12 consecutive months within the three years preceding the filing of the petition.

(p) As a matter of public policy, this section recognizes the importance of family and therefore the fundamental rights of oldsters and youngsters . within the context of grandparent visitation under this section, a fit parent's decision regarding whether to allow Alabama grandparent visitation is entitled to special weight thanks to a parent's fundamental right to form decisions concerning the rearing of his or her child. Nonetheless, a parent's interest during a child must be balanced against the long-recognized interests of the state as parents patriae. Thus, as applied to Alabama grandparent visitation under this section, this section balances the constitutional rights of oldsters and youngsters by imposing an enhanced standard of review and consideration of the harm to a toddler caused by the parent's limitation or termination of a previous relationship of a toddler to his or her grandparent.

Ala. Code § 30-3-4.2 (1975)

Alabama Grandparents Rights

For more info, visit:

http://www.grandparentrightsadvocate.com/alabama-grandparent-rights

http://www.grandparentrightsadvocates.com/alabama-grandparent-rights

Free Alabama grandparents rights guidebooks and a free attorney network consultation.

https://www.grandparentrightsadvocates.com/alabama-grandparent-rights https://www.grandparentrightsadvocate.com/alabama-grandparent-rights

Article Source: http://EzineArticles.com/expert/Grandparent_Rights/2765678