E.H.G. v. E.R.G.

The Alabama Grandparent Visitation Act, § 30-3-4.1, Ala.Code 1975 (“the Act”), revolves around the relationship of three distinct groups of people: children, parents, and grandparents. In its present form, the Act is a legislative attempt, when visitation is contested, to determine the best interests of the children — not the parents or the grandparents. The main opinion has focused on the rights of the parents rather than on the best interests of the children.

Historically, minor children and mentally incompetent persons have been treated differently from competent adults, both criminally and…