Beginning April 1, 2023, Frederick A. Erben, Jennifer K. Wales, and the law firm of Beddow, Erben, Bowen & Wales will move the location of their offices to the 3rd floor of the historic Gilbreath Building, located at 2019 Third Avenue North, Birmingham, AL 35203.
New Grandparent Visitation Bill signed into law. How does this change your rights?
In 2011, the Alabama Supreme Court declared unconstitutional the law which provided for visitation rights for grandparents, reasoning that it violated the fundamental rights of the parents to make decisions about their children and their best interests.
The new bill, now signed into law, allows grandparents to petition the Court for visitation with their grandchildren, subject to certain requirements. Grandparents petitioning for visitation of their grandchildren must prove, by clear and convincing evidence, that the grandparent has an existing relationship with the grandchild and visitation is in the best interest of the child. It further includes the criteria and procedures for filing a petition with the court.
Grandparents can petition for visitation of their grandchildren if the children's parents have filed for divorce; or if the children were born out of wedlock, and if one, or both, of the parents' parental rights were terminated.
Know your rights. Contact us if you have questions about grandparent visitation.