In 2003, in response to the United States Supreme Court's decision in Troxel v. Granville, Alabama amended its statute pertaining to the visitation rights of grandparents. In Troxel v. Granville, the Supreme Court held that a statute in the State of Washington unconstitutionally infringed on the rights of parents. Among other things, the Washington statute allowed any person, regardless of whether they had a familial relationship with the subject child, to petition for visitation rights.

The amended Alabama law instructs the court to consider, among other factors, the wishes of any parent who is living in ascertaining the best interest of the subject minor child. However, if the judge disagrees with the parent's estimation of the minor child's best interest, the judge's view prevails. Thus, the Alabama courts retain the power to order visitation by grandparents, even without the consent of a parent.