AL SB3

Repeals existing Section 30-3-4.1 of the Alabama Code and replaces it with a new grandparent visitation law addressing constitutional deficiencies identified by the Alabama Supreme Court.

Grandparents may petition for visitation in circuit or district court with domestic relations jurisdiction if the child's parents are separated by death, divorce, legal separation, or the child was born out of wedlock (with specific requirements for paternal grandparents).

Petitioner must prove by clear and convincing evidence both that a significant and viable relationship exists with the grandchild and that visitation is in the child's best interest, with a rebuttable presumption favoring fit parents' decisions to deny visitation.

Significant and viable relationships are established through at least six consecutive months of residence, caregiving, or 12 consecutive months of frequent or regular contact, or through other facts showing loss of relationship would likely harm the child.

Married grandparents may file petitions no more than once every 24 months absent good cause; courts must make written findings of fact and may award costs, attorney's fees, and other expenses; provisions take effect immediately upon passage and gubernatorial approval.