Grandparent Visitation Petition

PETITION FOR GRANDPARENT VISITATION

(Alabama — Ala. Code § 30-3-4.2)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under Ala. Code § 30-3-4.2(b), which authorizes a grandparent to file an original action in a circuit court where the grandchild resides, or any other court exercising jurisdiction with respect to the grandchild, or to file a motion to intervene in any action in which a court of this State has before it any issue concerning custody of the grandchild.

2.2 UCCJEA home state. Alabama is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, Ala. Code §§ 30-3B-101 et seq., because:

☐ The child has lived in Alabama with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ Alabama was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Venue. Venue is proper in [COUNTY] County because the minor child resides in this county.

2.4 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

III. STANDING — STATUTORY CIRCUMSTANCE

3.1 Petitioner has standing under Ala. Code § 30-3-4.2(b) because at least one of the following circumstances exists (check all that apply):

☐ (b)(1) An action for divorce or legal separation of the parents has been filed, OR the marital relationship between the parents has been severed by death or divorce.

☐ (b)(2) The child was born out of wedlock and Petitioner is a maternal grandparent of the child.

☐ (b)(3) The child was born out of wedlock, Petitioner is a paternal grandparent of the child, and paternity has been legally established.

☐ (b)(4) An action to terminate the parental rights of a parent has been filed, or the parental rights of a parent have been terminated by court order.

3.2 Supporting facts for the circumstance(s) checked above:

[____________________________________________________________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Significant and viable relationship — § 30-3-4.2(d). Petitioner can establish a significant and viable relationship with the child by clear and convincing evidence because one or more of the following is true (check all that apply):

☐ (d)(1)a. The child resided with Petitioner for at least six (6) consecutive months — with or without a parent present — within the three (3) years preceding the filing of this Petition.

☐ (d)(1)b. Petitioner was the caregiver to the child on a regular basis for at least six (6) consecutive months within the three (3) years preceding the filing of this Petition.

☐ (d)(1)c. Petitioner had frequent or regular contact with the child for at least twelve (12) consecutive months, resulting in a strong and meaningful relationship, within the three (3) years preceding the filing of this Petition.

☐ (d)(2) Other facts establish that the loss of the relationship between Petitioner and the child is likely to harm the child: [____________]

4.3 Circumstances leading to this Petition. Visitation has been denied or unreasonably limited, as follows:

[____________________________________________________________]

V. CONSTITUTIONAL AND STATUTORY STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000); Ex parte E.R.G., 73 So. 3d 634 (Ala. 2011).

5.2 Rebuttable presumption — § 30-3-4.2(c)(1). Petitioner acknowledges there is a rebuttable presumption that a fit parent's decision to deny or limit visitation to Petitioner is in the best interest of the child.

5.3 Burden of proof — § 30-3-4.2(c)(2). To rebut the presumption, Petitioner must prove both of the following by clear and convincing evidence: (a) that Petitioner has established a significant and viable relationship with the child (Section IV); and (b) that visitation with Petitioner is in the best interest of the child (Section VI).

5.4 Definition of harm — § 30-3-4.2(a)(2). "Harm" means a finding by the Court, by clear and convincing evidence, that without court-ordered grandparent visitation the child's emotional, mental, or physical well-being has been, could reasonably be, or would be jeopardized.

VI. BEST INTEREST OF THE CHILD — § 30-3-4.2(e)

6.1 Petitioner alleges, and is prepared to prove by clear and convincing evidence, all of the following:

☐ (e)(1) Petitioner has the capacity to give the child love, affection, and guidance.

☐ (e)(2) The loss of an opportunity to maintain a significant and viable relationship between Petitioner and the child has caused, or is reasonably likely to cause, harm to the child (as defined in § 30-3-4.2(a)(2)).

☐ (e)(3) Petitioner is willing to cooperate with the parent(s) if visitation is allowed.

6.2 Supporting facts:

[____________________________________________________________]

6.3 Child's preference (if of sufficient age and maturity).

☐ The child has expressed a desire to maintain a relationship with Petitioner: [____________]

☐ The child is too young to express a preference.

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under Ala. Code § 30-3-4.2(b);

B. Find, by clear and convincing evidence, that Petitioner has established a significant and viable relationship with the minor child and that visitation is in the child's best interest, thereby rebutting the presumption in § 30-3-4.2(c);

C. Enter an order awarding Petitioner reasonable visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Make specific written findings of fact in support of its ruling, as required by Ala. Code § 30-3-4.2(f);

E. Award costs of this action; and

F. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF ALABAMA )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], Ala. Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed against you. You are required to file a written answer or other response with the Clerk of this Court within thirty (30) days after service of this Petition, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to do so, judgment by default may be entered against you for the relief demanded in the Petition. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and accompanying UCCJEA affidavit) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• Ala. Code § 30-3-4.2 — Grandparent Visitation (eff. Aug. 1, 2016): definition of "harm" (a)(2); standing circumstances (b); rebuttable presumption and clear-and-convincing burden (c); significant and viable relationship (d); best-interest factors (e); written findings (f); filing frequency (g).
• Ala. Code § 30-3-4.1 — prior Grandparent Visitation Act (repealed); held facially unconstitutional in Weldon v. Ballow, 200 So. 3d 654 (Ala. Civ. App. 2015).
• Ex parte E.R.G., 73 So. 3d 634 (Ala. 2011) — Alabama Supreme Court; parental rights and limits on grandparent visitation.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• Ala. Code §§ 30-3B-101 et seq. — UCCJEA; § 30-3B-209 (affidavit).

This Petition is a preparation aid only. Alabama grandparent visitation law imposes a high, constitutionally sensitive burden (clear and convincing evidence of a significant and viable relationship plus harm). Consult a licensed Alabama family law attorney before filing.