H.B. 136 Enrolled

GRANDPARENTS VISITATION RIGHTS
1998 GENERAL SESSION
STATE OF UTAH
Sponsor: Judy Ann Buffmire
Patrice Arent
Bill Wright
Bradley T. Johnson
Steve Barth
Craig W. Buttars
David L. Gladwell
Glenn L. Way
James R. Gowans
Brad King
Patricia B. Larson
Mary Carlson
Duane Bourdeaux
Ralph Becker
Brent H. Goodfellow
Jordan Tanner
Orville D. Carnahan
Don E. Bush
David Ure
Jack A. Seitz
DeMar Bud Bowman
Robert H. M. Killpack
Nora B. Stephens
Ron Bigelow
Carl R. Saunders
Marda Dillree
John L. Valentine
J. Brent Haymond

AN ACT RELATING TO GRANDPARENTS; EXPANDING THE RIGHTS OF
GRANDPARENTS TO SEEK COURT-ORDERED VISITATION.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
30-5-2, as last amended by Chapter 257, Laws of Utah 1995
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-5-2 is amended to read:
30-5-2. Visitation rights of grandparents.
(1) The district court may grant grandparents reasonable rights of visitation, if it is in the
best interest of the grandchildren, in cases where a grandparent's child has died or has become a
noncustodial parent through divorce or legal separation.
(2) In cases other than those described in Subsection (1), a grandparent may petition the
court for reasonable rights of visitation with a grandchild. The court may enter an order granting
the petitioner reasonable visitation rights in accordance with the provisions and requirements of
this Subsection (2). There is a presumption that a parent's decision with regard to grandparent
visitation is reasonable. The court may override the parent's decision and grant reasonable
visitation rights to a grandparent if it finds that:
(a) it is in the best interest of the grandchild;

(b) the petitioner is a fit and proper person to have rights of visitation with the grandchild;
(c) the petitioner has repeatedly attempted to visit the grandchild and has not been allowed
to visit the grandchild as a direct result of the actions of the parent or parents;
(d) there is no other way for the petitioner to visit the grandchild without court intervention;
and
(e) the petitioner has, by clear and convincing evidence, rebutted the presumption that the
parent's decision to refuse or limit visitation with the grandchild was reasonable.
(3) Adoption of a child, voluntary or involuntary termination of parental rights, or
relinquishment to a licensed child placing agency terminates all rights of a biological grandparent
to petition for visitation under this section.
[(2)] (4) Grandparents may petition the court as provided in Section 78-32-12.2 to remedy
a parent's wrongful noncompliance with a visitation order.

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