Grandparent Visitation
Ala. Code § 30-3-4.2 — a fit parent's choice is presumed right, and a grandparent proves harm by clear and convincing evidence
- The parents' divorce or legal separation has been filed, or the marriage ended by death or divorce.
- The child was born out of wedlock, and the grandparent is the mother's parent, or the father's parent once paternity is established.
- A case to end a parent's rights has been filed, or a parent's rights were ended, until an adoption is approved.
Who handles this in Alabama: legal aid programs, lawyer referral and the state offices, listed in the Alabama directory.
In those situations a grandparent may file for reasonable visitation, or join a custody case already before a court.
The presumption. A fit parent's decision to deny or limit visitation is presumed to be in the child's best interest. To overcome it, the grandparent proves by clear and convincing evidence a significant and viable relationship with the child and that visitation is in the child's best interest, and the court finds harm to the child without it.
Sources for this section (1)
- Ala. Code § 30-3-4.2 — Grandparent Visitation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Alabama attorney.