Almost all states currently have some type of "grandparent visitation" statute through which grandparents and sometimes others, such as foster parents and stepparents, can ask a court to grant them the legal right to maintain their relationships with children. This guide provides on overview of state laws on grandparents' visitation law. A summary of laws in individual states is included.
Alabama USLegal Guide to Grandparent Visitation
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Multi-State
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US-GDE-04
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FAQ
When can grandparents make decisions? ing to Dr. Tanner, when parents say they can, when parents are not present, when a child's behavior directly affects them, when a child's safety is at stake or when a child breaks their house rules.
Should you find yourself cut off from seeing your grandchildren, the best course of action is to get in touch with a professional mediator. These are independent organizations that help organise arrangements between family members when a resolution cannot be found.
There is no specific age ? such as 12 or 14 ? when children get to decide who they will live with. Each child is unique, and their views are one factor that a judge will consider when deciding what parenting arrangement is in their best interests.
Some states are permissive because they do not have any firm laws on the subject of grandparent visitation. States including Hawaii, Tennessee, Washington, and California don't have firm laws because the state Supreme Court as well as the federal court system declared their prior statutes unconstitutional.
You must fill out and file a court form. If you already have custody and support orders, fill out a Petition for Visitation Orders. What if I was never married to the mother of the children? If you are not listed as the legal father of the child/ren, you will have to prove to the court that you are the father.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
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.
Pursuant to section 21 of the CLRA, a ?parent of a child or any other person, including a grandparent, may apply to a court for an order respecting custody of or access to the child.? The merits of such an application are ultimately determined based on the best interests of the child.