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AL HB334
Bill
Status
5/4/2016
Primary Sponsor
Mike Jones
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AI Summary
HB334 Summary
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Repeals existing Alabama grandparent visitation law (Section 30-3-4.1) and replaces it with new procedures requiring petitioning grandparents to prove by clear and convincing evidence that they have an existing relationship with the grandchild and that visitation serves the child's best interest.
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Establishes rebuttable presumption that a fit parent's decision to deny or limit grandparent visitation is in the child's best interest, which petitioners must overcome with clear and convincing evidence.
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Defines significant and viable relationships through specific factors including: child resided with grandparent for at least 6 consecutive months, grandparent served as regular caregiver for at least 6 consecutive months, or grandparent had frequent contact for at least 12 consecutive months resulting in a strong relationship.
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Limits petitions to once every 24 months absent good cause and allows modification or termination of visitation upon showing material change in circumstances; married grandparents cannot preclude other grandparents from filing separate petitions within the 24-month period.
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Establishes procedural requirements including necessary parties to actions, service methods, notice to all other grandparents, and allows courts to award reasonable expenses including attorney's fees and costs.
Legislative Description
Grandparents, visitation with grandchildren, petition procedure and burden of proof established, Sec. 30-3-4.1 repealed
Child Custody
Last Action
Delivered to Governor at 11:00 a.m. on May 4, 2016.
5/4/2016