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Utah law also allows Grandparents to seek an emergency custody order in appropriate circumstances. (n) the child's welfare is otherwise endangered. The standard of proof for a motion for protective custody is ?preponderance of the evidence.? This is not the same as proof beyond a reasonable doubt.
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.
Grandparent Visitation in Utah Utah law presumes that a parent's decision to allow or prevent grandparent visitation is in the grandchild's best interests. A grandparent seeking visitation must overcome this presumption and prove that grandparent visitation benefits the grandchild.
Under Utah Code Ann. 30-5-2, grandparents have a right to petition the court for visitation with their grandchildren. The petition may be made at any time. Meaning, grandparents can voice their concerns during divorce and custody proceedings.
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.