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. It can be found on the Articles page of our website, www.shermanjeffries.com.
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.
(Via Alabama Family Law Blog.)