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Do grandparents have visitation rights in Alabama?

Do grandparents have visitation rights in Alabama?

Q: Can keeping a child away from the other parent backfire?

Yes, keeping a child away from the other parent can backfire. Courts generally view such actions negatively, as they may disrupt the child's relationship with both parents. This could lead to a loss of custody or visitation rights for the parent who is withholding the child, as the court prioritizes the child's best interests.

Q: Can keeping a child away from the other parent backfire no court order?

Yes, even without a court order, keeping a child away from the other parent can have negative consequences. The other parent can file for custody or visitation rights, and the court may view the withholding of the child as harmful to the child's welfare, potentially impacting custody decisions.

Full question:

Husband and wife have a child and have been divorced for six months now, and the wife has sole custody of the child. The parents of the husband, the grandparents of the child, have been asking the mother if they could visit with the child. The mother has not responded to their request and so far has kept the child away from them. Do the grandparents have visitation rights?

Category: Divorce
Subcategory: Grandparents Visitation
Date: 04/07/2025
State: Alabama

Answer:

Yes, though there are limitations under which grandparents visitation can be ordered by a court. During the divorce procedures, the grandparents can join the action between the parents and seek visitation rights at that time. In a case like the facts above, the grandparents would need to start an independent action to obtain a court order for visitation rights with the grandchildren.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a parent get custody back from a grandparent?

Yes, a parent can regain custody from a grandparent if they can demonstrate that they are fit to care for the child. The grandparent must show that it is in the child's best interest to remain in their custody. If the grandparent has legal custody, the parent may need to petition the court to modify the custody arrangement.

How long can my wife keep my child from me?

A parent cannot keep a child away from the other parent without a court order. If there is no custody order in place, the other parent may seek legal action to establish visitation rights. The court typically encourages both parents to maintain a relationship with the child, and unjustified withholding can lead to legal consequences.