The grandparent visitation bill must not be signed into law. As written this bill completely disregards the rights of fit parents. The state would have the power to interfere in every parent-child relationship in Alabama without any state interest being involved. Under this bill if a parent is an ideal parent in every regard they can still be forced to surrender to the court the authority to decide who their children spend time with. Under this bill a fit and loving parent who allows their children to regularly visit with grandparents they cannot even hint to the grandparents that such visits might not continue. If they do then the grandparents can file a petition with the court to force regular visits that if not complied with may result in the jailing of the parent pursuant to the court's contempt powers. Under this bill a grandparent is able to wield the incredible power of the state if they can show (1) that they have had regular contact with the child for 12 months, and (2) that the child's feelings could be hurt (emotional harm) if the grandparent does not continue to visit with the child. Our legislators must not console themselves and say that "surely, no judge would use this statute in so harmful a manner." However, experience tells us otherwise, and even without the benefit of experience the risk is too great. If a judge does undertake to use these powers granted herein who can stop him? The answer is no one; at least not anytime soon. The judge's ruling is protected in the first instance will be protected by the fact that there will be no jury there to monitor the situation. Further, in many cases these proceedings are not open to the public and can be done without any oversight by the public on the trial court level. Then if the matter is appealed the judge's use of power will be protected again under the ore tenus rule. This rule allows the appellate court to simply trust the trial court's assessment of the facts. Thereby the appeals court is free to say, "Well, I wasn't there at the trial so I have to believe that the child's feelings might be hurt in the future if grandpa cannot come over to the house anymore." The only way the legal damage can be undone is by years of costly litigation and appeals. And once the litigation is over the family is left in pieces. They have just spent years warring against each other as enemies and now are left to find a way to be a family again.
This bill as written grants incredible power to the state over intimate, personal, family relationships without even a pretense of preserving a state interest. It is hard to imagine a more invasive, authoritarian piece of legislation.
A copy of the bill is provided below.
This bill as written grants incredible power to the state over intimate, personal, family relationships without even a pretense of preserving a state interest. It is hard to imagine a more invasive, authoritarian piece of legislation.
A copy of the bill is provided below.
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