# L.B.S. v. L.M.S.

> Court of Civil Appeals of Alabama · January 29, 2002 · 826 So. 2d 178

URL: https://www.frixlaw.com/law-library/cases/7753441

## Case

- **Full name:** Ex parte State of Alabama. (In re L.B.S. v. L.M.S. and L.S. and L.S., interveners)
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** January 29, 2002
- **Citations:** 826 So. 2d 178; 2002 Ala. Civ. App. LEXIS 67
- **Precedential status:** Published
- **Opinion:** Dissent by Crawley
- **Judges:** Crawley, Murdock, Only, Pittman, Thompson, Yates
- **Cited by:** 43 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7753441

## How later opinions describe it (automated extraction)

- discussing dual requirements under strict-scrutiny analysis that, in order to justify government interference with the fundamental right of parents to the care, custody, and control of their children, the State must have a "compelling state interest" and the State's interferen…
- recognizing that state must use the most narrowly tailored means of serving compelling state interest of protecting the best interests and welfare of children
- holding that the judiciary could adopt a construction of a statute that would uphold its constitutionality
- noting that due process requires `that the court may order only visitation narrowly tailored to address an adjudged harm'

## Opinion text

CRAWLEY, Judge,
dissenting.
I respectfully dissent. As I have stated in my earlier writings in J.S. v. D.W., [Ms. 2990431, May 4, 2001]-So.2d-,-(Ala.Civ.App.2001) (Crawley, J., concurring in the result), and R.S.C. v. J.B.C., 812 So.2d 361, 371 (Ala.Civ.App.2001) (Craw-ley, J., concurring in the result), I believe that the grandparent-visitation statutes in Ala.Code 1975, §§ 30-3-4.1 and 26-10A-30, are unconstitutional per se.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7753441. Public record. Not legal advice.