Recent Case Seems to Put Grandparent Rights in Question
Posted on 04. Apr, 2009 by Alabama Divorce Lawyer, Michael Sherman in Grandparent Visitation
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The Alabama Court of Civil Appeals recently decided the case of C.D.P. v. D.P. and D.S.P. The case involved paternal grandparents who were seeking to have the Court award them visitation with their grandchild. The mother was opposed to unsupervised visitation. Their was no dispute that the grandparents had peviously been very active in the grandchild’s life.
The trial judge awarded the grandparents visitation. But, the Court of Appeals reversed that decision and held it to be improper.
The law regarding grandparent visitation has been in a state of flux ever since the United States Supreme Court rendered it opinion in Troxell v. Granville in 2000. I have previously written an article that reviewed that important decision which appeared in the Mobile Press Register.
It appears that post-Troxell, it will be very difficult for grandparents to receive Court Ordered visitation absent an allegation and finding that the custodial parent is unfit.
I will point out that this case was decided under a version of the grandparent visitation statute that has since been amended. But, the trend nationwide still seems to be that courts are slow to award grandparent visitation against the wishes of a fit parent.
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