Legal Ease by
Shane Givens
April 27, 2011
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Grandparent visitation rights, Part II Last week we discussed the definition of a grandparent under Alabama's grandparent visitation rights statute. This week, we'll review what the court requires in order to actually grant a grandparent visitation of a grandchild over a parent's objection. If a person qualifies under one of the definitions of a “grandparent” then they may file a petition for visitation with the court or may join an action already in progress where the custody of the child is in question — for example, an ongoing divorce, juvenile proceeding, or in some cases a stepparent or relative adoption proceeding. Under the law, a grandparent not only must first prove that visitation is in the “best interest of the child” as defined below, but also must show that at least one of these conditions exists: _ One or both parents of the child are deceased. _ The marriage of the child's parents has been dissolved. _ A parent of the child has abandoned him or her. _ The child was born out of wedlock. _ When the child is living with both biological parents, who are still married to each other, whether or not there is a broken relationship between either or both parents, the grandparent and either or both parents have used their parental authority to prohibit a relationship between the child and the grandparent. In determining the best interest of the child, the court usually considers the willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent(s), along with the child's wishes (in some cases) and his or her mental and physical health. The court may also consider the mental and physical health of the grandparent(s) and whether or not there is evidence of domestic violence inflicted by one parent upon the other parent or the child. There is one major exception to grandparent visitation rights. Let's go back to our example from last week, where Mary and John have a child named Steve. Years later, Steve marries Wanda and they eventually give birth to Mary and John's grandson, Billy. The law states that a even if Mary and John are grandparents under one of the above definitions, they cannot be granted visitation with Billy if their son has either given up legal custody voluntarily, or by court order, or has abandoned the child financially. The exception occurs when Mary and John have already established a relationship with Billy and the court finds that visitation is in the child's best interest. In short, grandparent visitation rights cases can be very complicated and can't be explained fully in these columns. If you find yourself in one of the above situations, I highly recommend you see a lawyer to discuss your options. 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. |