HB536 Summary

• Amends Alabama Code Section 30-3-4.2 to create a rebuttable presumption that a fit grandparent's ability to exercise visitation with a grandchild is in the best interest of the child when parents divorce or die, shifting the burden to the parent to prove visitation would harm the child.

• Establishes four triggering circumstances for the presumption: (a) divorce or legal separation filing, (b) marital relationship severed by death or divorce, (c) paternity/custody/visitation/support action filed by a parent, or (d) either parent failed to provide financial or emotional support for six months or more.

• Allows courts to issue temporary (pendente lite) visitation orders during proceedings if the grandparent presumption applies and has not been rebutted, without requiring proof of a significant pre-existing relationship with the child.

• Requires respondents seeking to rebut the grandparent presumption to prove by clear and convincing evidence that visitation is not in the child's best interest, compared to the previous requirement for grandparents to prove visitation was in the child's interest.

• Becomes effective on the first day of the third month following passage and gubernatorial approval.