Section 26-2A-115

Hearing; orders.

(a) In ruling on the petition, the court shall conduct a hearing to determine whether the ward has sufficient capacity to make a knowing and intelligent visitation decision based on evidence presented.

(b) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision and the ward expresses a desire for visitation with the petitioner, the court shall order visitation.

(c) If the court determines that the ward has sufficient capacity to make a knowing and intelligent visitation decision, but does not desire visitation with the petitioner, the court shall not order visitation.

(d) If the court determines that the ward does not have capacity to make a knowing and intelligent visitation decision, the court shall determine whether to order visitation based on the best interest of the ward as determined by the evidence presented to the court.

(e) The court shall order the petitioner to pay the court costs and reasonable fees and expenses of any attorney or court representative appointed under this division.

(Act 2016-404, §2.)