Granparents Visitation Rights

By Erin Edgemoneedgemon@al.com

The Alabama Legislature on Wednesday passed a new bill that would give some grandparents the right to see their grandchildren, about five years after a similar law was deemed unconstitutional.
This year’s legislation, sponsored by Rep. Mike Jones, R-Andalusia, repeals the Alabama Grandparents Visitation Act, which was enacted in 2010.
Jones said the new bill sets out tougher standards that grandparents must meet to be eligible for visitation.
Opposed senators said parents might have valid reasons for keeping their children away from the grandparents.
Jones’ bill requires grandparents petitioning for visitation of their grandchildren to prove, by clear and convincing evidence, that the grandparent has an existing relationship with the grandchild and visitation is in the best interest of the child.
The bill includes the criteria and procedures for filing a petition with the court.
Grandparents can petition for visitation of their grandchildren if the children’s parents have filed for divorce; or if the children were born out of wedlock, and if one of both of the parents’ parental rights were terminated.
On Jan. 22, the Alabama Supreme Court refused a request by Alabama Attorney General Luther Strange to review a, Alabama Civil Court of Appeals decision that declared the state’s 2010 Alabama Grandparent Visitation Act unconstitutional.