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AL HB289
Bill
Status
3/5/2014
Primary Sponsor
Harry Shiver
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AI Summary
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Repeals existing Alabama grandparent visitation law (Section 30-3-4.1) and establishes new procedures for grandparents to petition for visitation rights in circuit or district court.
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Requires petitioning grandparents to prove by clear and convincing evidence both that they have established a significant and viable relationship with the grandchild and that visitation is in the child's best interest.
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Establishes criteria for demonstrating a significant relationship: child resided with grandparent for at least 6 consecutive months, grandparent was regular caregiver for at least 6 consecutive months, or grandparent had frequent contact for at least 12 consecutive months.
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Limits petitions to once every 24 months per married couple of grandparents absent good cause, and permits parents to modify or terminate visitation upon proof of material change in circumstances.
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Allows courts to award temporary visitation pending final orders and to award reasonable expenses including attorney's fees, guardian ad litem fees, and travel expenses to any party in the proceedings.
Legislative Description
Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed
Child Custody
Last Action
Pending third reading on day 27 Favorable from Judiciary with 1 amendment
3/19/2014