Alabama 2022 Regular Session

Alabama House Bill HB263

Introduced
2/3/22  

Caption

Visitation, court authorized to grant visitation rights to an adoptee's grandparent in certain situations, Sec. 30-3-4.2 am'd.

Impact

The legislation is significant because it acknowledges the rights of grandparents post-adoption, reflecting a broader understanding of family dynamics in modern society. It stipulates that grandparents may file for visitation under certain conditions, including prior caregiving, substantial financial support, or established relationships with the child. The inclusion of these factors aims to ensure that the emotional and developmental needs of the child are considered in visitation disputes.

Summary

House Bill 263 addresses the issue of visitation rights for grandparents of adoptees under specific circumstances. Currently, under Alabama law, the visitation rights of an adoptee's grandparents terminate when the adoptee is adopted by certain individuals. The new bill seeks to amend Section 30-3-4.2 of the Code of Alabama, allowing courts to grant visitation rights to biological grandparents if it is found to be in the best interest of the adoptee. This establishes a framework for grandparents to petition for visitation following the adoption process, provided there are substantial relationships with the child.

Contention

Points of contention surrounding the bill may include concerns about parental rights versus grandparental rights. The bill provides a rebuttable presumption that a fit parent's decision to limit or deny visitation is in the child's best interest, thereby granting parents special weight in these decisions. However, opponents may argue that this could undermine the established bonds between grandchildren and their grandparents, especially if the parent's views are overly restrictive. Additionally, there may be varied opinions on what constitutes a 'significant and viable relationship' and the burden of proof required to demonstrate the need for visitation.

Companion Bills

No companion bills found.

Previously Filed As

AL SB94

Adoption, Minor Adoption Code and Adult Adoption Code revised, procedures related to investigations, service of notice, and revocation of consent further provided for, duties of Department of Human Resources further provided for

AL HB190

Adoption, Minor Adoption Code and Adult Adoption Code revised, procedures related to investigations, service of notice, and revocation of consent further provided for, duties of Department of Human Resources further provided for

AL HJR15

Joint Interim Commission on Grandparents Raising Grandchildren, extended

AL HB359

Department of Mental Health; expand category for involuntary commitment to include individuals with co-occurring substance use disorder, authorize service of petition in county of respondent's location when original petition was filed, authorize judge to determine when to bring respondent before court for hearing on restriction of liberty pending final hearing, authorize judge of probate to petition district or municipal court for suspension of criminal confinement for commitment; bill does not require providers to expand services unless additional funding provided

AL SB240

Department of Mental Health; expand category for involuntary commitment to include individuals with co-occurring substance use disorder, authorize service of petition in county of respondent's location when original petition was filed, authorize judge to determine when to bring respondent before court for hearing on restriction of liberty pending final hearing, authorize judge of probate to petition district or municipal court for suspension of criminal confinement for commitment; bill does not require providers to expand services unless additional funding provided

AL HB164

Small Estates; summary distribution for small estates; amount increased; Probate court authorized to manage process

AL SB106

Small Estates; summary distribution for small estates; amount increased; Probate Court authorized to manage process

AL HB229

Child custody, rebuttable presumption of joint custody, provided; definition of joint physical custody, further provided for; joint custody model parenting plan, required in certain divorce cases; motion for temporary relief as alternative to joint custody plan, provided in certain circumstances; penalties for certain unsupported motions, provided

AL HB358

Juvenile courts; original jurisdiction revised to apply to children under the age of majority, children under the age of majority prohibited from detainment in adult facilities, exceptions provided

AL SB1

Public education employees, providing compensation to full-time public education employees, on the job injury program, trust fund, and board created

Similar Bills

AL SB24

Child custody, parenting plan required in all cases, court established plan in certain cases, remedies for violations of plan, Sec. 30-3-158 added; Secs. 30-3-4.2, 30-3-150, 30-3-151, 30-3-152, 30-3-153 am'd.

MN SF593

Visitation rights to an unmarried minor child modification

IL SB1642

IMDMA-VISITATION-NONPARENTS

MN SF2662

Visitation rights to a minor child modification

MN HF2804

Visitation rights to a minor child modified.

IL SB1589

IMDMA-VISITATION-NONPARENTS

IL HB4452

IMDMA-GRANDPARENT VISITATION

MN SF3619

Visitation rights to an unmarried minor child modification