Did you know that grandparents in Utah can be granted visitation rights? It's true. When there's a divorce, or sometimes in the event of a death, grandparents may feel that their grandchildren are being kept from them unjustly.
This can be true especially in the event of a divorce. The grandparents on the non-custodial parent's side of the family may want to ensure they are able to see their grandchildren. Even in the event of a step-parent adopting children, biological grandparents can still be granted visitation.
How does grandparent visitation work?
Typically, visitation will be granted to a petitioner if they are found to be a fit and proper person to be around their grandchild. The court presumes that the parent is acting in the child's best interest by restricting access. The court wants to see evidence that the limitation or denial of visitation by a parent is unreasonable.
Depending on age and circumstances, the court may also seek input from the minor child before finalizing a visitation order. Over time, orders for visitation may be modified as circumstances develop and if the grandparent or guardian petition the court.
What about noncompliance?
In the event that a parent does not comply with a visitation order from the court, grandparents may petition the court for remedy. Typically, the parent must have shown wrongful intent in order to bring the petition.
How do I bring a petition for visitation?
If you're a grandparent who feels you're being kept from seeing your grandchildren, you should contact a lawyer to help with your petition. At the office of Spencer & Jensen PLLC., we have plenty of experience with child custody issues. This includes cases where grandparents are named as guardians. Family law can often be thorny. Our firm knows the ins and outs of Utah law, including its provisions for grandparent rights.