H.B. 136

1

GRANDPARENTS VISITATION RIGHTS
2 1998 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Judy Ann Buffmire
5 AN ACT RELATING TO GRANDPARENTS; EXPANDING THE RIGHTS OF
6 GRANDPARENTS TO SEEK COURT-ORDERED VISITATION.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 30-5-2, as last amended by Chapter 257, Laws of Utah 1995
10 Be it enacted by the Legislature of the state of Utah:
11 Section 1. Section 30-5-2 is amended to read:
12 30-5-2. Visitation rights of grandparents.
13 (1) The district court may grant grandparents reasonable rights of visitation, if it is in the
14 best interest of the grandchildren, in cases where a grandparent's child has died or has become a
15 noncustodial parent through divorce or legal separation.
16 (2) In cases other than those described in Subsection (1), a grandparent may petition the
17 court for reasonable rights of visitation with a grandchild. The court may enter an order granting
18 the petitioner reasonable visitation rights in accordance with the provisions and requirements of
19 this Subsection (2). There is a presumption that a parent's decision with regard to grandparent
20 visitation is reasonable. The court may override the parent's decision and grant reasonable
21 visitation rights to a grandparent if it finds that:
22 (a) it is in the best interest of the grandchild;
23 (b) the petitioner is a fit and proper person to have rights of visitation with the grandchild;
24 (c) the petitioner has repeatedly attempted to visit the grandchild and has not been allowed
25 to visit the grandchild as a direct result of the actions of the parent or parents;
26 (d) there is no other way for the petitioner to visit the grandchild, without court
27 intervention; and

1 (e) the petitioner has, by clear and convincing evidence, rebutted the presumption that the
2 parent's decision to refuse or limit visitation with the grandchild was reasonable.
3 (3) Adoption of a child, voluntary or involuntary termination of parental rights, or
4 relinquishment to a licensed child placing agency terminates all rights of a biological grandparent
5 to petition for visitation h UNDER THIS SECTION h .
6 [(2)] (4) Grandparents may petition the court as provided in Section 78-32-12.2 to remedy
7 a parent's wrongful noncompliance with a visitation order.




Legislative Review Note
as of 2-4-98 12:53 PM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

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lilac-February 23, 1998