Grandparents Rights In Utah For Custody Of Grandchildren

State:
Utah
Control #:
UT-KS-290-04
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PDF
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A01 Petition For Grandparent Visitation
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FAQ

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.

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.

Under certain circumstances, Utah law allows grandparents to seek custody of their grandchildren. Grandparents may obtain custody by filing for guardianship, by filing an independent lawsuit under a law called the ?Custody for Persons Other Than a Parent Act,? or through a juvenile court action.

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.

Those avenues are (1) seeking a guardianship, (2) through a juvenile court case where abuse, neglect, or dependency has taken place, (3) through the Visitation Rights of Grandparents Act [Utah Code § 30-5-2], and (4) through the Custody for Persons Other than Parents Act [Utah Code § 30-5a-103].

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Grandparents Rights In Utah For Custody Of Grandchildren