Legal Ease by
Shane Givens
April 20, 2011
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Grandparent visitation rights, Part I I am frequently contacted by concerned grandparents who are not able to see their grandchildren. They ask me if they have any legal rights in the situation. In Alabama, grandparent visitation rights have come a long way over the past few years and, yes, grandparents potentially have the right to court-ordered visitation with their grandchildren. However, the law allowing this visitation is very specific and is followed very closely by the court, meaning that a grandparent must meet specific requirements in order to take advantage of the law. Under Alabama's Grandparent Visitation Rights statute, the first hurdle a grandparent must overcome is meeting one of the three statutory definitions of a grandparent. This is one of the most important requirements to fulfill under grandparent visitation law because if someone does not fit one of these definitions exactly they can't bring a case. The definitions are a little confusing and are better defined by example. Definition 1: Mary and John have a child named Steve. Steve marries Wanda and they have a minor son named Billy. Billy is a minor child and for whatever reason, Steve will not let his parents visit Billy. Under the statute, Mary and John are each grandparents because they are the “parent of a parent of a minor child.” Definition 2: Let's say Steve is dead, and Wanda, Billy's mother, will not let Mary and John visit Billy. Mary and John are still each considered grandparents because they are the “parent of a minor child's parent who has died.” Definition 3: Now, Steve has lost his parental rights because Wanda's new husband has adopted Billy. Even though Steve has lost his parental rights and Mary and John are not “legally” related to Billy anymore, Mary and John are still defined as grandparents because they are “the parent of a child's parent whose parental rights have been terminated through a stepparent or relative adoption.” Note that this situation also applies whenever any relative adopts Billy. Again, if someone does not fall exactly under one of these definitions, they may not be able to bring a case. This of course excludes any other related family member like aunts, uncles, cousins, etc., as well as great-grandparents. Next week, in part II of this column, we will go over what the court looks at when deciding on whether to grant a grandparent visitation rights over a parent's objection. This column is intended for general information purposes only. The answers to most legal problems rely on specific facts of a particular situation; therefore, it is very important to see a lawyer when these situations arise. Please e-mail questions for future columns to givenslaw@tds.net. |