Utah law does allow grandparents to petition for visitation rights in certain circumstances, including during or after a divorce. The court will consider the grandparent’s existing relationship with the child, but the standard is high. Having legal guidance is important if you are considering this route.
When a family goes through a divorce, the impact reaches beyond the couple. Grandparents who have been a steady presence in their grandchildren’s lives can suddenly find themselves shut out. If you are a grandparent in Utah worried about losing your relationship with your grandchild during a divorce, you are not alone, and the law does provide some options.
What Utah Law Says About Grandparent Visitation
Utah Code §81-9-403 allows a grandparent to file a petition requesting visitation, including in a court where a divorce, custody, or visitation case is already pending.
The court begins with a presumption that a parent’s decision about grandparent visitation is in the child’s best interests. A grandparent must overcome that presumption by clear and convincing evidence under Utah Code §81-9-403 before the court may consider ordering visitation.
When Can Grandparents Petition?
A grandparent may file a petition in district court or in the juvenile or district court where a divorce, custody, or visitation case is pending. The grandparent must still satisfy the presumption and clear-and-convincing-evidence requirements of Utah Code §81-9-403.
What the Court Considers
The court weighs several factors when deciding whether to grant grandparent visitation. These include the prior relationship between the grandparent and the grandchild, the grandparent’s moral character, the effect of grandparent visitation on the child’s relationship with each parent, and any history of abuse or neglect.
Importantly, the court also considers the parents’ wishes. Utah gives significant deference to a parent’s right to direct the upbringing of their child. If a fit parent objects to grandparent visitation, the grandparent carries a heavier burden to show that visitation is in the child’s best interest.
What Grandparents Should Know Before Filing
Pursuing visitation through the courts is a significant step, and it is not always the right first move. In some situations, open communication with the child’s parents can resolve the issue without court involvement. Mediation is another option that can preserve family relationships while still addressing the grandparent’s concerns.
If those efforts do not work, filing a petition may be necessary. In that case, having an attorney who understands Utah’s grandparent visitation statute and family law procedures is essential. The legal standard is specific, and the petition needs to be supported by strong evidence of the existing relationship and the child’s best interests.
We Can Help You Understand Your Options
At Law Elevated, we work with families in all kinds of configurations. Whether you are a grandparent trying to maintain your relationship with a grandchild, or a parent navigating a grandparent’s petition, our team can help you understand your rights and make informed decisions. Contact us to talk through your situation. We will give you an honest assessment and help you figure out the best path forward.
Your Partner in Peace of Mind,
This material is intended for educational purposes only and does not create an attorney-client relationship or constitute legal advice.
