Grandparent Visitation in Alabama: What Are Your Legal Rights?

When family relationships break down, grandparents can sometimes find themselves locked out of a grandchild’s life. Whether due to divorce, estrangement, or the death of a parent, this kind of loss can be devastating — both for the grandparent and the child.

So what does Alabama law say about a grandparent’s right to visitation?

At Ryan & Rouse, we help grandparents understand their rights and pursue visitation when it's legally justified. Here's what you need to know about how grandparent visitation works in Alabama.

Alabama’s Grandparent Visitation Law

Alabama Code § 30-3-4.2 allows grandparents to petition the court for reasonable visitation in certain situations. But it’s not automatic — courts give strong weight to a parent’s right to decide who their child interacts with.

To win visitation, a grandparent must show that denying contact would harm the child — not just that the grandparent wants to be involved.

When Can a Grandparent File for Visitation?

Under Alabama law, a grandparent may file a visitation petition if one or more of the following is true:

• One or both parents of the child are deceased
• The parents are divorced or separated
• The child was born out of wedlock and the petition is brought by a maternal grandparent (or by a paternal grandparent if paternity is established)
• The child does not reside with either parent
• One parent has restricted or denied visitation to the grandparent without good cause

Additionally, a grandparent may intervene in an existing custody or visitation case to request visitation.

What Is the Legal Standard?

The court must find, by clear and convincing evidence, that:

1. Denying visitation would harm the child’s emotional, mental, or physical well-being, and
2. Grandparent visitation is in the best interest of the child

This is a high bar, and Alabama courts presume that a parent’s decision is in the best interest of their child — unless you can prove otherwise with strong evidence.

What Does the Court Consider?

Judges may look at several factors when deciding whether to grant grandparent visitation, including:

• The prior relationship between the child and the grandparent
• Whether the grandparent has attempted to maintain a relationship
• The reasons for the parent’s objection
• The child’s wishes, depending on age and maturity
• The physical and mental health of both the child and the grandparent

At Ryan & Rouse, we help you gather documentation, witness testimony, and any relevant communication to show that your involvement is both positive and necessary.

What If Visitation Is Already in Place?

If you’ve been granted visitation but the parent is violating the court order, we can help you file a petition for contempt and ask the court to enforce the order or even sanction the non-compliant parent.

How We Can Help

Grandparent visitation cases are emotionally delicate and legally complex. At Ryan & Rouse, we understand how important your role is in your grandchild’s life — and we know how to build a compelling case under Alabama’s high legal standard.

📞 Call us today at (256) 801-1000 to discuss your options. Whether you're seeking visitation or need to enforce an existing order, we’re ready to fight for your relationship with your grandchild.