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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.
In order to establish custody rights under this law a grandparent must show: (a) the person has intentionally assumed the role and obligations of a parent; (b) the person and the child have formed an emotional bond and created a parent-child type relationship; (c) the person contributed emotionally or financially to ...
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.
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.