30-5a-103 (Custody and visitation for persons other than a parent)
To determine whether a child should have visitation with a non-family member based upon the child’s “best interests” is facile and poor policy. There are rights and interests that trump even a child’s best interests. One of these rights and interests is the best interests of the family. The best interests of the family subsume or at least should subsume the best interests of the child. Accordingly, the best interests of the family trump (or should trump) any effort to compel a family to provide a non-parent with visitation of that family’s children.
As always, I invite your comments on this subject.