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 HB456

Clarke County, sheriff authorized to collect fees for certain services

AL HB42

Alabama Bail Reform Act of 1993, court authorized to accept cash deposit in certain circumstances

AL HB54

Juvenile court; additional courts authorized to issue emergency ex parte orders for protection of juveniles; process provided for

AL HB340

Department of Human Resources (DHR); child abuse and neglect; uniform procedure to notify parents or legal guardians of DHR investigation into abuse of own child, created; right to review certain records, provided; DHR authorized to adopt rules

AL HB43

Criminal procedure; split sentence authorized for 30 year sentence

AL HB326

Employees, annual leave to attend school related activities authorized

AL SB256

Mobile County; amend definition of municipal tax lien to authorize the inclusion of certain weed liens on a tax bill under certain circumstances; deem municipality as prevailing party in certain bid auctions resulting in a tie; authorize municipality to enter property to make repairs under certain circumstances; and authorize tax collecting official to sell a tax lien under certain circumstances.

AL HB164

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

Similar Bills

DE SB37

An Act To Amend Title 13 Of The Delaware Code Relating To Free Legal Counsel For Relatives Of Certain Children In Adoption Proceedings.

IL SB1642

IMDMA-VISITATION-NONPARENTS

MN SF2662

Visitation rights to a minor child modification

MN HF2804

Visitation rights to a minor child modified.

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

OR SB815

Relating to the Department of Human Services as a party in dependency proceedings.

MA H1925

To improve grandparent visitation rights