Family conflicts, divorces, and separations are not only known to affect the parties involved but also others in the family. For instance, when a couple decides to divorce, one party may also decide to cut ties with their ex-spouse’s parents (i.e. their children’s grandparents). Grandparents who have been cut out of their grandchildren’s lives because of a divorce matter may be happy to learn that there may be a way for them to regain their visitation rights.
According to Section 30-3-4.2 of Title 30 of the Alabama Code, “a grandparent may file an original action in a circuit court where his or her grandchild resides or any other court exercising jurisdiction with respect to the grandchild or file a motion to intervene in any action when any court in this state has before it any issue concerning custody of the grandchild” for “reasonable visitation rights with respect to the grandchild if any of the following circumstances exist:”
- The grandchild’s parents have filed for divorce or legal separation in Alabama.
- “The child was born out of wedlock and the petitioner is a maternal grandparent of the child.”
- The child was born out of wedlock and the petitioner is a paternal grandparent. In this case, paternity must have been established.
Now, if a parent or parents lose their parental rights and their child is adopted, the grandparent will likely lose their right to seek visitation if the court approves the petition for adoption.
Can a grandparent still obtain visitation rights even if his/her grandchild’s parent decided to deny or limit visitation with them?
In some cases, a parent may choose not to allow their child to see their grandparent as “it is not in the best interest of the child” to do so. However, if a grandparent who submits a petition can prove the following, they may stand a chance at being awarded visitation rights:
- “The petitioner has established a significant and viable relationship with the child for whom he or she is requesting visitation.”
- “Visitation with the [child’s grandparent] is in the best interest of the child.”
Hill, Gossett, Kemp & Hufford, P.C. Can Help a Grandparent Obtain Visitation Rights
Grandparents play a very important role in their grandchild’s life and when their visitation rights have been taken away, it can be difficult for both the child and the grandparent. If a grandparent has been denied visitation with their grandchild and would like help submitting a petition with the court to regain their rights, contact the Alabama family law attorneys at Hill, Gossett, Kemp & Hufford, P.C. An AL family law lawyer can help a grandparent understand their rights and the process they must follow to regain the ability to visit with their grandchild.
Disclaimer: No representation is made that quality of legal services provided is greater than the quality of legal services provided by other attorneys.
Hill, Gossett, Kemp & Hufford, P.C. can be reached at:
2603 Moody Parkway, Suite 200
Moody, Alabama 35004
Phone: (205) 640-2000
7900 Parkway Drive
Leeds, AL 35094
Phone: (205) 699-5500
6441 U.S. Highway 11
Springville, Alabama 35146
Phone: (205) 467-2225