Alabama Divorce & Family Law Attorney Blog : Birmingham Divorce Lawyer & Attorney : Eversole Law Firm : Serving Birmingham, Montgomery, Mobile Alabama

Divorce in Alabama, or anywhere else across the country, is a painful and difficult process. As a Birmingham Divorce Attorney, I remind anyone considering divorce to enter carefully and deliberately. Especially for young married couples with children, this can be an extremely stressful and highly emotional time.

When children are part of the equation, parents going through a divorce can encounter numerous other pressures. One source of pressure comes very often from the grandparents of children affected by the divorce. Recently, an Alabama appeals court decided a case where the paternal grandparents sought unsupervised visitation rights against the wishes of the mother.

The Alabama Court of Civil Appeals overturned a trial judge’s ruling that permitted the paternal grandparents visitation of their grandchild without the mother’s presence. This is good news for custodial parents, because even though the grandparents in question reportedly had a very active role in the child’s life prior to the divorce, the appeals court ruled in favor of the custodial parent. Upon reversing the earlier decision, the Court of Appeals held that it would be improper to place grandparents' rights over those of a fit parent.

The law’s outlook on grandparent visitation has been in flux since 2000, when the United States Supreme Court rendered its opinion in Troxell v. Granville. Yet with this recent Alabama decision -- and other similar rulings occurring nationwide -- it looks as though grandparents will find it more and more difficult to receive court ordered visitation, unless there are substantial allegations, backed by findings that the custodial parent is unfit to act in the child’s best interest.

If you are looking for an Alabama divorce attorney or family law lawyer, please feel free to contact my office today. At Eversole Law, we strive to be a different kind of law firm. If you or a family member needs help with a divorce, we will treat you with all the caring and compassion you deserve.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

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

• Email This
• Print
• Comments (4)
• Trackbacks
• Share Link