Grandparent Visitation Upheld – High Standard Reaffirmed…

Category Archives: Grandparents’ Rights

Grandparent Visitation Upheld – High Standard Reaffirmed…

Grandparent visitation has been upheld by Alabama’s Court of Civil Appeals in a recent opinion from 04-10-2020. As a concept and claim of action, Grandparent Visitation is under constant threat of constitutional challenge. But, thanks in large part to the several elements a Grandparent must meet to prove their claim and the burden of proof […]

You and Your Child Custody Team

It takes a village, as they say, and your #ChildCustody lawyer is but one member of your Child Custody Team. It’s important, and efficient in terms of time, energy and financial resources, to remember which member of your “team” to go to in certain situations. We work so very hard on communicating with our clients […]

Legislature Ups the Ante for Parents, Relatives and Foster Parents in Child Custody cases…

Termination of Parental Rights in Child Custody cases is known as the “civil death penalty,” and as if the stakes weren’t already high enough, the Alabama State Legislature has amended the Alabama Code to up the ante for the parents, relatives and foster parents involved. It’s now more important than ever for all parties and […]

When Can I Appeal my DHR Child Custody Case…?

One of the many reasons parents and caring relatives get confused in DHR cases is because they don’t know when Juvenile Court judgments are “final” for the purposes of “post-judgment relief” in the Juvenile Court and or appeal. Folks, you are not alone. The Juvenile Courts and even the Court of Civil Appeals is right […]

Alabama’s Grandparent Visitation Statutes…

Have you ever read Alabama’s Grandparent Visitation laws? It’s a complicated issue because the Court will not only consider the best interests of the child but will also consider the fundamental constitutional rights of parents, even if parents are refusing any contact or visits with grandparents. The code itself is pretty complicated but you can […]

Grandmother asks “Is this Legal?” in Child Custody on Avvo.com

Okay Grandmothers, grandfathers, grandparents, aunts, uncles and all Caring Relatives…once you have been court-order some kind of #ChildCustody or Visitation Rights you are now entitled to substantive due process and procedural due process and have a right to your day in court about these issues. A Grandmother asked on https://www.avvo.com/ whether “it was legal” for […]

Paternal Relatives’ Objections to Termination of Dad’s Child Custody Rights Overruled, for now…

Really, really sad fact pattern / story including violence against family members and children considered by the Court of Civil Appeals and discussed here so proceed with caution or avoid if the legal discussion and information isn’t worth reading about some really sad stuff. A maternal grandfather with Sole Physical Custody subject to the visitation […]

Has the Supreme Court Ever Ruled on Child Custody Issues?

Yes, and it’s a good thing they have. The United States Constitution doesn’t explicitly say a darn thing about Child Custody. So, like other non-enumerated rights now deemed to be and taken for granted as fundamental, it took “common law” rulings of the Courts to firmly establish your right to raise your children as the […]

Appellate Court in Child Custody Case Divided Over Grandparent Visitation Claim…

The future of Grandparent Visitation in Alabama is uncertain after ruling released last month on October 11th, 2019, in which the Alabama Court of Civil Appeals overturned a trial court’s award of Grandparent Visitation to a grandparent who filed the suit against another grandparent on the “other side” of the family. The Court narrowly construed […]

WAAY 31 Law Call Recap, Part 1

I am grateful that my good friend, Tommy Siniard, and his team at Siniard Timberlake & League trusted our expertise enough to have me as a guest on a recent episode of the Law Call on WAAY TV 31 here in the Tennessee Valley. This post is a chance to recap the issues and questions […]