Venue for Grandparent Adoption

Alabama has 67 counties and venue could be proper in any one of them. “Venue” is the word that describes the proper location of the court. Many people commonly confuse venue with “Jurisdiction.” Jurisdiction is the word to describe the court with authority to decide the matter.

Original jurisdiction is always with the probate court. But, there’s a probate court in every county. So, we have to determine the proper county to file the petition for adoption.

Most grandparents out there are experienced enough to know most of these intuitively. But, here they are just in case.

Where is Venue Proper?

Venue is proper in the county where

1. the child was born,

2. the child resides,

3. the petitioner (that’s you) resides, or

4. if the child is in DHR’s legal custody, where the DHR office is located.

Those are the four basic grounds for venue – for grandparents to select the county in which to file a petition for adoption.

Consult with Your Attorney

Choosing the right venue is a matter that should be decided in consultation with your attorney. Now, there are also exceptions to these rules codifying equitable venue. It’s also important to choose the right time for grandparent adoption.

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