Download Zipped Enrolled WP 9 SB0087.ZIP 5,797 Bytes
[Introduced][Amended][Status][Bill Documents][Fiscal Note][Bills Directory]
S.B. 87 Enrolled
This act amends the grandparents visitation rights statute. The act clarifies that
grandparents may intervene in pending proceedings involving custody and visitation issues.
The act applies to all grandparent visitation actions a presumption in favor of the parent's
decision and describes how that presumption can be overcome. The act permits courts to
take into account the grandchild's desires regarding visitation. The act establishes a
standard for modification of an existing visitation order.
This act affects sections of Utah Code Annotated 1953 as follows:
30-5-1, as last amended by Chapter 265, Laws of Utah 2000
30-5-2, as last amended by Chapter 265, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 30-5-1 is amended to read:
As used in this act:
(1) "District court" means the district court [
a grandparent is seeking visitation rights [
(3) "Grandparent" means a person whose child, either by blood, marriage, or adoption, is
the parent of the [
Section 2. Section 30-5-2 is amended to read:
30-5-2. Visitation rights of grandparents.
(1) Grandparents have standing to bring an action in district court by petition, requesting
visitation in accordance with the provisions and requirements of this section. Grandparents may
also file a petition for visitation rights in a pending divorce proceeding or other proceeding
involving custody and visitation issues.
(2) There is a rebuttable presumption that a parent's decision with regard to grandparent
visitation is in the grandchild's best interests. However, the court may override the parent's decision
and grant the petitioner reasonable rights of visitation if the court finds that the petitioner has
rebutted the presumption based upon factors which the court considers to be relevant, such as
(a) the petitioner is a fit and proper person to have visitation with the grandchild;
(b) visitation with the grandchild has been denied or unreasonably limited;
(c) the parent is unfit or incompetent;
(d) the petitioner has acted as the grandchild's custodian or caregiver, or otherwise has had
a substantial relationship with the grandchild, and the loss or cessation of that relationship is likely
to cause harm to the grandchild;
(e) the petitioner's child, who is a parent of the grandchild, has died, or has become a
noncustodial parent through divorce or legal separation;
(f) the petitioner's child, who is a parent of the grandchild, has been missing for an extended
period of time; or
(g) visitation is in the best interest of the grandchild.
(3) The adoption of a grandchild [
diminish or alter visitation rights previously ordered under this section.
(4) Subject to the provisions of Subsections (2) and (3), the court may inquire of the
grandchild and take into account the grandchild's desires regarding visitation.
(5) On the petition of a grandparent or the legal custodian of a grandchild the court may,
after a hearing, modify an order regarding grandparent visitation if:
(a) the circumstances of the grandchild, the grandparent, or the custodian have materially
and substantially changed since the entry of the order to be modified, or the order has become
unworkable or inappropriate under existing circumstances; and
(b) the court determines that a modification is appropriate based upon the factors set forth
in Subsection (2).
a parent's wrongful noncompliance with a visitation order.
[Bill Documents][Bills Directory]