Petition For Grandparents Visitation Form For Utah
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How to fill out Petition By Grandparent For Visitation Rights With Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
This is a complicated area of the law because a series of recent decisions from Utah's appellate courts have made it difficult for grandparents to prevail if a parents objects unless they can prove their grandkids will suffer ?significant harm? unless the court intervenes.
Grandparents have visitation rights under Utah law. However, those rights are always secondary to a parent's rights. In certain situations, a grandparent may be entitled to visitation with a grandchild as long as the visits don't interfere with the parents' rights, and they serve the grandchild's best interests.
If there is an open case, such as a divorce or parentage case, most likely the Grandparent will need to file a Joinder and Request for Order to obtain a court date. If there is no case filed between the parents, the grandparent will need to file a new case by creating their own unique Petition and Request for Order.
That's because divorce occurs between your child and their spouse. Divorce in Utah does not grant third-party visitation rights to grandparents. You must file a petition in juvenile court to initiate grandparents' visitation rights. That's the start of the process.
A grandparent may file a petition for visitation rights in the juvenile court or district court where a divorce proceeding or other proceeding involving custody and visitation issues is pending.