SB55 Summary

• Repeals existing grandparent visitation law (Section 30-3-4.1) and establishes new procedures allowing grandparents to petition for visitation in circuit court or intervene in custody proceedings.

• 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.

• Establishes rebuttable presumption that a fit parent's decision to deny or limit grandparent visitation is in the best interest of the child, placing burden on grandparent to overcome this presumption.

• Defines qualifying circumstances for petitions including parent divorce, child born out of wedlock, or parental rights termination, with visitation rights terminating upon adoption unless otherwise specified.

• Limits married grandparents to filing one petition every 24 months absent good cause, requires notice to all other grandparents, and allows courts to award reasonable expenses to any party including attorney's fees and court costs.