After a divorce, children need as much love and stability as their families can provide to help them move on. Grandparents, who are one step removed from the divorce, can be an important part of that process. But sometimes, grandparents find that visits with their beloved grandchildren are sharply curtailed or outright denied by a custodial parent. This isn't just bad manners -- it also violates grandparents' rights in Alabama to visit with their grandchildren. If you're a grandparent in this situation, you have the legal right to ask the family courts for a visitation order.

Birmingham family law attorney Steven D. Eversole helps grandparents in Jefferson, Shelby and Madison Counties, and throughout the State of Alabama, secure visitation rights with their grandchildren. The Eversole Law Offices can also help with other family law issues that grandparents face, including custody when it's in the best interests of the grandchildren.

Alabama Requirements for Grandparent Visitation

Under Alabama state law, a grandparent is the parent of a parent of a minor child, including a child who has been or will be adopted, or a child whose parent has died. Grandparents may ask a court for visitation rights, during or after a divorce, when at least one of these conditions exists:

• One or more of the child's parents have died
• The child's parents are divorced
• A parent has abandoned the child
• The child was born to unmarried parents
• The child's parents are still married, but one or more is using parental authority to deny visitation to the grandparents

As with all family law proceedings, the grandparents must also be able to show that the visitation is in the best interests of the child. A family court usually decides what the best interests of the child are, but the law requires that it consider:

• Whether the grandparents are willing to encourage a close relationship between the child and the parent or parents
• If the child is mature enough, his or her preference
• The physical and mental health of the child
• The physical and mental health of the grandparents
• Any evidence of domestic violence, including violence between parents
• Anything else that might be considered relevant, including parents' wishes

The court may order a guardian ad litem for the child at the grandparents' expense if it believes the grandparents can afford it. Custody is more difficult. Like many states, Alabama presumes a blood parent is the best parent for a child unless there are special circumstances. Those special circumstances include evidence of abuse or neglect by the parent, as well as when the child is already in the custody of a non-parent.

Alabama Grandparents' Rights Attorney

There are complex filing rules for grandparents who want to assert their rights in Alabama. If you're seeking visitation or custody of your grandchildren, it's important to make sure you follow all the rules and present yourself to the court in the best light possible. The Eversole Law Offices can help. We offer free consultations, so there's no risk in speaking to us about your rights and your case. But you should contact us quickly, especially if your son or daughter is still divorcing, so we can start protecting your rights as soon as possible. For a free evaluation of your Alabama grandparents' rights case, contact Birmingham family law attorney Steven D. Eversole today.