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AL SB276

Bill

Status

Engrossed

4/15/2021

Primary Sponsor

Tom Butler

Click for details

Origin

Senate

Regular Session 2021

AI Summary

SB276 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 child is in the best interest of the child when parents are divorced, separated by death, or when paternity/custody actions are filed.

  • Respondents can rebut the grandparent visitation presumption by proving by clear and convincing evidence that such visitation is not in the child's best interest, shifting the burden of proof compared to other grandparent visitation cases.

  • Allows courts to issue temporary pendente lite orders granting grandparent visitation rights pending final orders in cases meeting specified conditions, including prior substantial caregiving, residency, or financial support.

  • Prohibits Alabama courts from enforcing foreign state grandparent visitation orders unless they include specific written findings of fact based on clear and convincing evidence establishing a significant relationship and best interest of the child.

  • Takes effect on the first day of the third month following passage and approval by the Governor.

Legislative Description

Grandparent visitation, family law, grandparents entitled to visitation of grandchild if parents die or divorce, presumption is that visitation with grandparent is in best interest of child, Sec. 30-3-4.2 am'd.

Family Law

Last Action

Read for the first time and referred to the House of Representatives committee on Judiciary

4/20/2021

Committee Referrals

Judiciary4/20/2021
Judiciary3/2/2021

Full Bill Text

No bill text available