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  1. #1
    Join Date
    Dec 2007
    Posts
    4

    Unhappy Proud Grandparent Wants Visitation

    I Live In Alabama.

    My oldest son passed away 01/20/2006 leaving behind a 5 month old daughter. Our daughter-in-law at the time said she would never keep the baby away from us. My grandbaby is now 2 years old and we have been able to see her 4 times sense our son died. The daughter-in-law remarried about 8 months ago and now she has just pushed us aside for his family. I have called and I have left messages but she wont answer them. I am sorry but I dont think it's right that we get pushed out of our grandbabys life just so his family can take our place. I understand she has moved on and I except that but I dont except his mother taking my place. This baby is part of my son and he would want her to know his family too. I want to know if I stand a chance of getting visitation if I decide to take her to court. I really dont want to do that I want everybody to get along and everybody be treated fairly but I feel like i'm being pushed in a corner.
    Thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Proud Grandparent

    You should be eligible to seek a formal order of grandparent visitation under Alabama law:
    Quote Quoting Alabama Code Section 30-3-4.1 - Grandparent visitation.
    (a) For the purposes of this section, the term "grandparent" means the parent of a parent of a minor child, the parent of a minor child's parent who has died, or the parent of a minor child's parent whose parental rights have been terminated when the child has been adopted pursuant to Section 26-10A-27, 26-10A-28, or 26-10A-30, dealing with stepparent and relative adoption.

    (b) Except as otherwise provided in this section, any grandparent may file an original action for visitation rights to a minor child if it is in the best interest of the minor child 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.
    (c) Any grandparent may intervene in and seek to obtain visitation rights in any action when any court in this state has before it any question concerning the custody of a minor child, a divorce proceeding of the parents or a parent of the minor child, or a termination of the parental rights proceeding of either parent of the minor child, provided the termination of parental rights is for the purpose of adoption pursuant to Sections 26-10A-27, 26-10A-28, or 26-10A-30, dealing with stepparent or relative adoption.

    (d) Upon the filing of an original action or upon intervention in an existing proceeding pursuant to subsections (b) and (c), the court shall determine if visitation by the grandparent is in the best interests of the child. Visitation shall not be granted if the visitation would endanger the physical health of the child or impair the emotional development of the child. In determining the best interests of the child, the court shall consider the following:
    (1) The willingness of the grandparent or grandparents to encourage a close relationship between the child and the parent or parents.

    (2) The preference of the child, if the child is determined to be of sufficient maturity to express a preference.

    (3) The mental and physical health of the child.

    (4) The mental and physical health of the grandparent or grandparents.

    (5) Evidence of domestic violence inflicted by one parent upon the other parent or the child. If the court determines that evidence of domestic violence exists, visitation provisions shall be made in a manner protecting the child or children, parents, or grandparents from further abuse.

    (6) Other relevant factors in the particular circumstances, including the wishes of any parent who is living.
    (e) The court shall make specific written findings of fact in support of its rulings. An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any 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, which the court, in its discretion, may grant or deny. Unless evidence of abuse is alleged or other exceptional circumstances, a petition shall not be filed more than once in any two-year period.

    (f) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents, may appoint a guardian ad litem for the minor child.

    (g) Notwithstanding the foregoing, a grandparent may not be granted visitation with a grandchild where the parent related to the grandparent has either given up legal custody voluntarily or by court order or has abandoned the child financially unless the grandparent has an established relationship with the child and the court finds that visitation with the grandparent is in the best interests of the child.

  3. #3
    Join Date
    Dec 2007
    Posts
    4

    Default Re: Proud Grandparent

    Quote Quoting aaron
    View Post
    You should be eligible to seek a formal order of grandparent visitation under Alabama law:

    THANK YOU very much.

  4. #4

    Default Re: Proud Grandparent

    Taking her to court is going to cost you money and only make things worse. Why don't you and your husband take her and her new husband out to dinner at a very nice restaurant. I am sorry for your loss and commend you for wanting to have a place in the child's life. If you can do that without getting lawyers involved there will be more money for the child. Start first by building your relationship with them. Since she won't return your calls start with a nice card or letter and the invitation. I know it will be painful for you to see her with a new person but you need to realize that it is also painful for her. You remind her of her loss at a time when she should be happy in her new marriage.

  5. #5
    Join Date
    Dec 2007
    Posts
    4

    Default Re: Proud Grandparent Wants Visitation

    I dont have a problem with him, I have excepted the fact that she has moved on this man has been to my house and I have always been polite. I have never been rude or ugly even when any of us called to see the baby and we were given excuses. I knew we were all going to have to get along for Alyssa's sake but we seem to be the only one's trying here. I dont want to cause trouble, and I surely dont want to take her to court but I feel like i'm in between a rock and a hard place. I just think it's only fair that she know her fathers family too, even though she has moved on with her life Alyssa's right to know all of her family should count for something. I never had a problem with Heather even after Scott passed away, I even told her no matter what I would always concider her my daughter-in-law. These problems really didn't start until she remarried, I dont hate nobody I dont have any hard feelings I just want to see my son's only child grow up is that too much to ask, Thank you.

  6. #6

    Smile Re: Proud Grandparent Wants Visitation

    I'm in the same situation as you are..my son passed away 7 months ago..and I had to take the mother to court to get visitation...when your backed up against the wall and you want to see your grand daughter then you will be ready to take her to court....she will have to be civil to you at the exchanged it will be court ordered...

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