The State Of Alabama

   Grandparents Visitation
   Act No. 99-436 (HB25) Effective: 9/1/99

    This Act provides that except where otherwise provided, any grandparent, as defined in the Act, may file an original action for visitation rights to a minor child if it is in the child's best interests and one of the following conditions exist:

"(1) When one or both parents of the child are deceased.
"(2) When the marriage of the parents of the child has been dissolved.
"(3) When a parent of the child has abandoned the minor.
"(4) When the child was born out of wedlock.
"(5) When the child is living with both biological parents who are still married to each other whether or not there is a broken relationship between either or both parents of the minor and the grandparent and either or both parents have used their parental authority to prohibit a relationship between the child and the grandparent." 

    In subsection (e) of the Act, an original action must not be filed by any grandparent more than once during any two-year period and must not be filed during any year in which another custody action has been filed concerning the same child.
    This Act further provides that a grandparent may intervene to seek visitation rights in a case concerning the custody of a minor child, a 
divorce proceeding, or a termination of parental rights provided the termination of parental rights is for the purpose of stepparent or relative 
adoption.
    Upon the filing of an original action or upon intervention in an existing proceeding, the court must grant reasonable visitation rights to any 
grandparent if the court finds that the best interests of the child would be served by the visitation and based on factors set out in the Act. The court must make specific written findings of fact in support of its decision.
    If visitation rights have been granted to a grandparent, the legal custodian, guardian, or parent of the child may petition the court for 
revocation or amendment of the visitation rights for good cause shown.
    A guardian ad litem may be appointed for the minor child if the court finds that the grandparent can bear the cost without "unreasonable financial hardship."
    The Act contains a repealer clause providing that "[a]ll laws or parts of 
laws which conflict with this act, specifically Section 30-3-4, Code of 
Alabama 1975, are repealed."