Grandparent Visitation Rights in Alabama - The Confusion Continues

The status of grandparent visitation in Alabama remains confusing. Recent Alabama appellate court opinions have done little to clarify this contentious subject. Alabama has two grandparent visitation statutes - one dealing with visitation in closely related (i.e., step-parent) adoptions, and the other in the case of death, divorce, abandonment, children out of wedlock, or where parents have prohibited a relationship between their children and the grandparents. Both statutes provide that a court may award visitation if it is in the best interests of the child.

Two years ago, the U. S. Supreme Court issued the Troxel v. Granville opinion, holding a Washington State statute unconstitutionally violated the fundamental right of fit parents to make decisions concerning the care, custody, and control of their children. The Supreme Court held that the Washington statute was written too broadly, allowing a non-parent to seek visitation at “any time” and allowing the trial court to award visitation if it “may serve the best interest of the child.”

Following the Troxel opinion, the Alabama Court of Civil Appeals issued two grandparent visitation opinions. The first held that applying the statute was an unconstitutional infringement on the rights of fit parents, and that a presumption in favor of grandparent visitation was unconstitutional. The second, which was a case argued by this Firm, held that applying the statute in a closely related adoption was unconstitutional, imposing an infringement upon the fundamental rights of the adoptive parents.

Although the position of the courts seemed clear, in February, the Alabama Supreme Court reversed the second case, holding that adoptive parents in closely related adoptions do not have the same fundamental rights as natural parents. That case was sent back to the Court of Civil Appeals for further review. The final outcome of that case is yet to be determined.

Adding to the confusion, the Court of Civil Appeals recently issued two opinions that appear to step back from their prior rulings. Not to be left out, the Alabama legislature has proposed a bill that does not appear to meet the U. S. Supreme Court’s requirements from Troxel v. Granville. If this bill is enacted, another court challenge is almost guaranteed.