1
2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions concerning the visitation rights of a grandparent.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions; and
13 ▸ provides that a grandparent may petition for visitation after a parent's rights have
14 been terminated, unless the grandchild is adopted by a nonrelative.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 ENACTS:
21 30-5-3, Utah Code Annotated 1953
22
23 Be it enacted by the Legislature of the state of Utah:
24 Section 1. Section 30-5-3 is enacted to read:
25 30-5-3. Special considerations.
26 (1) As used in this section:
27 (a) "Grandparent" means a person:
28 (i) whose child, either by blood, marriage, or adoption has had the child's parental
29 rights terminated under Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act; and
30 (ii) whose grandchild is being adopted by a relative.
31 (b) "Nonrelative" means an individual not related to the grandchild by marriage or
32 blood at the time of adoption.
33 (c) "Relative" means an individual related to the grandchild by marriage or blood as:
34 (i) a sibling;
35 (ii) an aunt;
36 (iii) an uncle; or
37 (iv) a grandparent.
38 (2) Unless the grandchild is adopted by a nonrelative, when a parent's rights are
39 terminated under Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act:
40 (a) the rights of a grandparent as to the grandchild are not extinguished; and
41 (b) a grandparent may file a petition for visitation rights in a pending adoption matter
42 in juvenile or district court.
43 (3) There is a rebuttable presumption that the adoptive parent's decision with regard to
44 grandparent visitation is in the grandchild's best interest. However, the court may override the
45 adoptive parent's decision and grant the grandparent who petitions for visitation reasonable
46 rights of visitation if the court finds that the grandparent has rebutted the presumption based
47 upon factors that the court considers to be relevant, such as whether:
48 (a) the grandparent is a fit and proper individual to have visitation with the grandchild;
49 (b) the grandparent's visitation with the grandchild has been denied or unreasonably
50 limited, without just cause;
51 (c) the grandparent has acted as the grandchild's custodian or caregiver, or otherwise
52 has had a substantial relationship with the grandchild, and the loss or cessation of that
53 relationship is likely to cause harm to the grandchild;
54 (d) visitation will not disrupt the formation of a new family unit; or
55 (e) visitation is in the best interest of the grandchild.
56 (4) Subject to the provisions of Subsection (3), the court may inquire of the grandchild
57 and take into account the grandchild's desires regarding visitation.
58 (5) On the petition of a grandparent or the legal custodian of the grandchild the court
59 may, after a hearing, modify an order regarding grandparent visitation if:
60 (a) the circumstances of the grandchild, the grandparent, or the legal custodian have
61 materially and substantially changed since the entry of the order to be modified, or the order
62 has become unworkable or inappropriate under existing circumstances; and
63 (b) the court determines that a modification is appropriate based upon the factors set
64 forth in Subsection (3).
65 (6) Grandparents may petition the court to remedy an adoptive parent's wrongful
66 noncompliance with a visitation order.