Code of Alabama
Ala. Code § 26-10A-30 (2026)
Grandparent Visitation.
✓ official Alabama Legislature (ALISON) text, current July 2026
THIS SECTION REPEALED BY ACT 2023-92, EFFECTIVE JANUARY 1, 2024.
(Acts 1990, No. 90-554, p. 912, §29.1.)
Notes of Decisions
Cited in 21
cases (3 in the last 5 years), 1993–2024 · leading case: D.T. v. W.G., 210 So. 3d 1143 (Ala. Civ. App. 2016).
D.T. v. W.G., 210 So. 3d 1143 (Ala. Civ. App. 2016). “(“the paternal grandmother”) filed a petition seeking an award of grandparent visitation with the child pursuant to Ala.Code 1975, § 26-10A-30. The paternal grandmother did not request that a summons be issued or serve the adoptive parent with the petition by certified mail as…”
J.S. v. D.W., 835 So. 2d 174 (Ala. Civ. App. 2001). “grandparent visitation pursuant to § 26-10A-30, Ala.Code 1975, with T.S., the 4-year-old adopted daughter of J.”
Ex parte D.W., 835 So. 2d 186 (Ala. 2002). “This Court granted certiorari review to determine whether § 26-10A-30, Ala.Code 1975, is unconstitutional, as the Court of Civil Appeals held in this case that it was.”
J.B. v. J.M., 175 So. 3d 170 (Ala. Civ. App. 2015). “On appeal, the custodians make five arguments. They first argue that the juvenile court could not award the maternal grandmother visitation because their adoption of the child was not a relative adoption that would qualify for an award of grandparent visitation under Ala.”
E.H.G. v. E.R.G., 73 So. 3d 614 (Ala. Civ. App. 2010). “2002), the supreme court held that Ala.Code 1975, § 26-10A-30, which grants to probate courts the discretion, based on the best interests of the child, to grant or maintain visitation rights of the natural grandparents of an adop-tee child, does not unconstitutionally infringe…”
G.M. v. T.W., 75 So. 3d 1181 (Ala. Civ. App. 2011). “Although natural grandparents may be awarded postadoption visitation in certain relative adoptions, see Ala.Code 1975, § 26-10A-30, the maternal great-grandparents do not fall within the term “natural grandparents” contained in that statute; in addition, the juvenile court would…”
Vest v. State Ex Rel. New Mexico Human Servs. Dep't, 866 P.2d 1175 (N.M. Ct. App. 1993). “1,1994); Colo.Rev.Stat. § 19-1-117 (1992); Fla.Stat.”
In Re Anonymous, 803 So. 2d 529 (Ala. Civ. App. 2001). “NOTES [1] Approximately two weeks ago, this court held a grandparent-visitation statute (§ 26-10A-30, Ala.Code 1975) unconstitutional, recognizing that the right of parents to care for and rear their own children was a fundamental right within the context of the Fourteenth…”
R.S.C. v. J.B.C., 812 So. 2d 361 (Ala. Civ. App. 2001). “, this court recently held § 26-10A-30, Ala.Code 1975, unconstitutional, as applied, because it infringed upon “[the parents’] fundamental right to parent.”
A.E.C. v. J.R.M., 46 So. 3d 481 (Ala. Civ. App. 2009). “The birth mother directs this court to § 26-10A-30, Ala.Code 1975, which grants visitation rights to the natural grandparents of an adoptee in a situation when “the adoptee is adopted by a stepparent, a grandfather, a grandmother, a brother, a half-brother, a sister, a…”
Js v. Dw, 835 So. 2d 174 (Ala. Civ. App. 2001). “I conclude that Ala.Code 1975, § 26-10A-30, is unconstitutional.”
A.S. v. N.E.F., 91 So. 3d 656 (Ala. 2011). “, and under a separate statute, § 26-10A-30, Ala. Code 1975, a provision in the Alabama Adoption Code that allows grandparent visitation in certain instances.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.