Alabama Grandparent’s Visitation Rights

Posted by Steven D. Eversole | Oct 10, 2007 | 0 Comments

Grandparents have the right to visit their grandchildren in Alabama.  Any grandparent may file an action to enforce their grandparents visitation rights if the grandparents visitation is in the best interest of the child and one of the following conditions are met:

  • One or both parents of the grandchild have died
  • The parents of the grandchild have divorced
  • A parent of the grandchild has abandoned the child
  • The grandchild was born outside a marriage
  • If the parents of the grandchild are still married and living together but one or both of the parents are using their authority to prevent a grandparents relationship with their grandchild.

The courts will look to see if a grandparents visitation is in best interest of the child.  When determining if a grandparents visitation rights are within the best interest of a child, the courts will look to the following factors for guidance:

  • The grandparents willingness to cultivate a relationship with the child and his parents
  • The grandchild's preference
  • The health of the grandchild
  • The mental and physical health of the grandparents
  • Any evidence of domestic violence between one parent and another parent, parent and child, or between parent and grandparent
  • Any other relevant factors, including the preferences of any living parent

About the Author

Steven D. Eversole

J.D., Samford University's Cumberland School of Law, Birmingham, Alabama B.A., University of Alabama, Tuscaloosa, Alabama


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