Grandparents Rights In Utah For Visitation
Description
How to fill out Utah Petition For Grandparent Visitation?
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FAQ
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.
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.
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.
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.
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.