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Bulletin Winter 2016

Family Law G. R. Fernambucq & Joseph Callaway Grandparents Visitation Jefferson County Updates The final days of the 2016 general session of the legislature produced a new and improved Grandparent’s Visitation Act. The Act became effective August 1, 2016, and repealed the prior version found at § 30-3-4.1 Code of Alabama (1975). On August 19, 2016, presiding Judge Joseph Boohaker entered administrative order number AO 2016-084 which gives guidance as to where the petition is to be filed in Jefferson County depending on the circumstances. The act creates a new cause of action for grandparents seeking visitation rights with their grandchildren, which may be filed as an original action or filed as a motion to intervene in any court if it has before it an issue concerning custody of the grandchild, including a domestic relations proceeding involving the parent or parents of the grandchild. The administrative order requires that all original actions filed shall bear the case action prefix of “CV” and shall be filed in the Civil Division of the Birmingham Division of the Tenth Judicial Circuit. If the action is proper in the Bessemer Division of the Tenth Judicial Circuit, it shall be filed with the Circuit Judge assigned to hear civil cases. In the event there is a then-pending action involving paternity, custody and/or visitation, at the time the action is filed, then upon proper motion to transfer or consolidate duly made before the court in which the original action is pending, the independent action shall be transferred and consolidated with the pending action. G G. R. Fernambucq & Joseph Callaway practice with the firm of Boyd, Fernambucq, Dunn & Fann, P.C. Fastest smartest malpractice insurance. Period. 800.906.9654 GilsbarPRO.com Birmingham Bar Bulletin/ Winter 2016 17


Bulletin Winter 2016
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