AL SB190

Repeals existing Section 30-3-4.1 of the Code of Alabama 1975 and replaces it with a new grandparent visitation law in response to Alabama Supreme Court ruling parts of the prior law unconstitutional.

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, overcoming a rebuttable presumption favoring fit parents' decisions.

Establishes that significant relationships are proven by demonstrating the child resided with the grandparent for at least six consecutive months, the grandparent was a regular caregiver for at least six consecutive months, or the grandparent had frequent or regular contact for at least 12 consecutive months.

Allows petitions only when parents' marital relationship is severed by death, divorce, or legal separation, or when the child was born out of wedlock to maternal or paternal grandparents (with paternity established for paternal grandparents).

Permits temporary visitation orders pending final judgment if the child previously resided with the grandparent, the grandparent was a regular caregiver, provided significant financial support for at least six months, or had frequent contact for at least 12 months.