Page 15

Birmingham Bar Association Bulletin Fall 2016

Family Law • the loss of the opportunity to maintain the relationship has caused, or is reasonably likely to cause harm to the child; and, • he or she is willing to cooperate with the parent or parents if visitation is allowed. “Harm” is defi ned as “a fi nding by the court, by clear and convincing evidence, that without court-ordered visitation by the grandparent, the child’s emotional, mental or physical well-being has been, could reasonably be, or would be jeopardized.” Th e Act specifi cally requires that the court shall make specifi c written fi ndings of fact in support of its rulings. Absent a showing of good cause, a petition may not be fi led by a grandparent to be fi led depending on the circumstances, who are the necessary parties to any action for visitation, provides methods of process and notice, and allows pendente lite orders for visiting pending a fi nal order. As previously noted, this revision gives direction and guidance on the process regarding who can fi le, who needs to be included, the necessary rebuttal presumption, and what it takes for the petitioner to overcome that presumption. Hopefully, number ten (10) is a keeper. G G.R. “Rick” Fernambucq practices family law with Boyd, Fernambucq, Dunn & Fann, P.C. or grandparents who are married to each other, more than once every twenty-four (24) months. Th is would not preclude another grandparent from subsequently petitioning for visitation within the twenty four (24) month period. Once an order is established, the parent of the child may fi le a petition requesting the court to modify or terminate the visitation upon a material change in circumstances and a fi nding by the court that it is in the best interests of the child. Any parties to the action may be awarded attorney fees and other expenses such as investigators fees, travel expenses, childcare during the course of the proceeding, and more. Th e Act specifi es where the action is Birmingham Bar Bulletin/ Fall 2016 15


Birmingham Bar Association Bulletin Fall 2016
To see the actual publication please follow the link above