New grandparent visitation bill passes in Alabama Legislature
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.
The Court of Appeals in 2011 struck down the act because they said it violated the rights of parents to decide what's best for their children.
The Alabama Legislature made changes to the law to address those concerns, but the court still deemed it unconstitutional in a case out of Autauga County involving a grandmother who went to court seeking visitation with two of her grandchildren over the objections of the children's mother.
The bill now moves to Gov. Robert Bentley for signing.
Source
This article has a PDF of the bill.
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.
The Court of Appeals in 2011 struck down the act because they said it violated the rights of parents to decide what's best for their children.
The Alabama Legislature made changes to the law to address those concerns, but the court still deemed it unconstitutional in a case out of Autauga County involving a grandmother who went to court seeking visitation with two of her grandchildren over the objections of the children's mother.
The bill now moves to Gov. Robert Bentley for signing.
Source
This article has a PDF of the bill.