Custody

You can ask the court for visits with your grandchildren if at least one of these is true:

• The parents are getting legally separated or divorced, or they already are.
• One of the parents has died.
• Your grandchildren were born outside of marriage, and you are the mother’s parent (maternal grandparent). 
• Your grandchildren were born outside of marriage, the father’s paternity was legally established, and you are the father’s parent (paternal grandparent).
• A termination of parental rights case was filed to end one or both parents’ legal rights, or their rights were already taken away. However, you cannot ask for visits if the Department of Human Resources has filed the case, and you are related to the parent whose rights were taken away.¹

You usually file in the circuit court in the county where:

• your grandchild lives; or
• there’s already a court case involving custody, visitation, divorce, or other issues related to the child.¹

You can only file for grandparent visitation once every two years unless you have a good reason (called “good cause”) to file more often.²

To learn how a judge will decide whether to give you grandparent visitation, go to What factors will a judge consider when deciding if a grandparent can get visitation?

¹ Alabama Code § 30-3-4.2(b), (i)(3)
² Alabama Code § 30-3-4.2(g)(1)