Family Law
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Case Details
Alabama Court of Civil Appeals ruled the Grandparent Visitation Act unconstitutional in Weldon v. Ballow, upholding a parent's fundamental right to parent their child without a showing of unfitness.
Additional Notes
The ruling established that a court cannot grant custody to a grandparent (or other third-party) without first declaring the parent unfit, and the 'best interests of the child' standard only applies between two fit parents, not a third party. Posted by Paul A. Seckel.