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Alabama Grandparent Visitation


During divorce, state divorce laws don't automatically grant visitation rights for grandparents, but most states allow grandparents to petition for child visitation. Under Alabama divorce law, any grandparent may file an action for visitation rights if it's in the best interest of the child and one of the following conditions exists:

  • One or both of the child's parents are dead
  • The parents have divorced
  • A parent has abandoned the child
  • The child was born out of wedlock
  • The child is living with both biological parents, who have prohibited a relationship between the child and grandparent

Protect your relationship with your grandchild with a divorce attorney.

Any grandparent can seek child visitation rights in a divorce proceeding, an Alabama child custody proceeding, or in an adoption proceeding where a relative or stepparent is looking to adopt the child. The Alabama divorce court will make a determination considering the following factors:

  • Willingness of the grandparent to encourage a relationship between the child and parents
  • Child's preference, if he or she is mature enough to express a preference
  • Mental and physical health of the child
  • Grandparent's mental and physical health
  • Evidence of domestic violence
  • Other relevant factors in the situation, including parents' wishes

If visitation rights for grandparents are granted by the Alabama divorce court, the legal guardian or parent of the child may petition the Alabama divorce court for revocation or amendment of the visitation rights by showing a good reason. A child visitation amendment petition can't be filed more than once in a two year period, unless there is evidence of alleged abuse or other exceptional circumstances.

A local Alabama divorce lawyer can help you figure out your visitation rights and limitations. Learn how Alabama divorce law may affect you and your family by connecting with an Alabama divorce attorney near you today. Call 877-349-1310 or fill out a divorce case review form to work on protecting your relationship with your grandchild.

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The above synopsis of Alabama divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Alabama divorce lawyer in your area.

Alabama divorce laws were last updated May 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.