Grandfather visitation

[gooberhead]

What is the name of your state? Alabama

I understand that the Alabama grandparent visitation law has been brought into question by the supreme court. If we filed for vistation would it be automatically be rejected or would the custodial parent have to fight it in court?

 

[VeronicaGia]

What was the ruling? Being brought into question and being ruled upon are two different matters. The AL Supreme Court may visit the issue and decide it's fine as it is, or they may change it. Have you searched for the ruling? Do a search for "Alabama Grandparent Visitation."

 

[gooberhead]

I haven't looked up all the nitty gritty details because it would probably be over my head. But my understanding is that the courts felt it interferes with the custodial parents rights to monitor, control, etc the child.

"Until the USSC handed down it's decision in Troxel v. Granvill in June 2000, this statute was hailed by many third-party visitation advocates as a "model law." The statute has since been largely struck down by the Alabama Supreme Court"


This is about my brother's child. My parents are not on good terms with the children's bio mother. However, they got to see and visit with the grandchildren frequently when my brother had his weekly visitation. In fact, my mother was particulary close to the granddaughter. Unfortunately, my brother passed away in a car accident and the grandparents are worried that they will not be able to see the grandchilren anymore.

 

[gooberhead]

I found a web page that gives a pretty good summary of the legal issue.

http://www.divorcenet.com/al/al-art07.html

Since the bio mother doesn't have the resources for a court battle, we are hoping that she will agree to visitation. However, this plan won't work unless we can actually get a petition filed and a hearing.