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Adoption Agreement Providing for Visitation Rights by Natural...

Alabama Adoption Agreement Providing for Visitation Rights by Natural Grandparents

Q: Can a grandparent adopt a grandchild in Alabama?

Qualified Relatives Under Alabama&#039;s adoption code, relative adoptions are adoptions of a child by only the following individuals, a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, a sibling or a half-sibling.

Category:

Adoption - General

State:

Multi-State

Control #:

US-01339BG

Format:

Instant download

Description

In 2000, in the case of Troxel v Granville, the U.S. Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed "[a]ny person" to petition for visitation rights at any time. The Supreme Court held that the Washington statute was overbroad. This decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.

Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional.

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How to fill out Adoption Agreement Providing For Visitation Rights By Natural Grandparents?

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FAQ

Qualified Relatives Under Alabama's adoption code, relative adoptions are adoptions of a child by only the following individuals, a relative who is related by blood or marriage to the child as a grandparent, great-grandparent, aunt, uncle, great-aunt, great-uncle, a sibling or a half-sibling.

Unfortunately, grandparents are not inherently entitled to visitation rights in Alabama. However, that does not mean you are out of options. Alabama courts defer to parents to make the choice that is in the best interest of their children.

Voluntary Post-Adoption Contract Agreements, or ?PACAs,? were created to provide a framework for enforceable post-adoption contact between the biological family members of an adopted child, the child, and the adoptive parents.

In such a situation, Section 30-3-4.2 of the Alabama Code provides that a grandparent is entitled to reasonable visitation with a grandchild, if the grandparent can prove that not allowing that visitation would be detrimental to the grandchild.

What are the Alabama Grandparent Visitation Rights? Grandparent visitation rights are governed by Alabama Code § 30-3-4.2 (2016). Essentially, the law protects the primacy of a parent's right to deny visitation with a grandchild, but allows a grandparent to challenge that denial under some circumstances.

Contact After Adoption Agreement (ADOPT-310) Tells the court that the adoptive parent(s) and the biological family members have agreed to contact after the adoption is done.

Grandparent(s) When grandparents suspect their grandchild is not receiving proper care from either parent, they may be able to seek emergency child custody.

In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.