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As a Grandparent in Utah, What Visitation Rights Do I Have To See My Grandchildren?
It must be noted that a grandparent’s visitation rights don’t appear in federal law, and each state, including Utah, has unique laws on this matter. However, the U.S. Supreme Court has outlined some basic regulations and rules governing grandparent visitation.
Under Utah law, a parent’s decision to allow or prevent grandparents’ visitation is commonly considered in the grandchild’s best interests. If the parent denies visitation, the grandparent seeking visitation must show proof to overcome this presumption and prove that their visitation rights benefit the grandchild.
If a grandparent and their empathetic family lawyer must legally file for visitation, a Utah judge will commonly consider the following items to deem the grandparent’s visitation necessary:
- The grandparents must be fit and proper people to be allowed to visit their grandchild.
- It’s found that the grandchild’s parent has unreasonably denied visitation to the grandparent.
- The grandchild’s parents are found to be unfit or incompetent.
- Previously, the grandparent has acted as a caregiver to the grandchild or had a substantial relationship with the grandchild, and the loss of their relationship will cause harm to the child.
- One of the child’s parents died or became a noncustodial parent through divorce.
- The child’s parent has gone or is missing for an extended period.
- The court determines that the grandparents’ visitation serves the grandchild’s best interests.
These laws and circumstances can be highly legally challenging and complex; this is the main reason you must seek the counsel of a skilled and knowledgeable family lawyer before you begin any legal process. That said, if you are a grandparent who has been denied visitation to your grandchild, you have substantial legal rights.
However, the Utah court must be convinced that the grandparents’ visitation rights do not infringe on the parents’ fundamental rights to raise and care for their children. So, when the parents’ rights and grandparents’ visitation privileges are genuinely in conflict, the parents’ rights will usually always come first.
I’ve been Denied Seeing My Grandchildren, Do I Have Legal Options?
Utah does have statutes that allow grandparents to seek visitation rights. But, as stated, these laws mandate specific rules and regulations that a grandparent must follow to obtain legal visitation rights.
As a grandparent, if you and your grandchild’s parents cannot work out an agreeable visitation arrangement, filing a petition to gain visitation might be your only option. However, to succeed in your case, you must be able to show abuse or neglect against your grandchild’s parents in juvenile court; this can be legally challenging to do.
Before attempting this challenging legal path, you must get the professional advice and guidance of an experienced, ethical, and passionate family lawyer who will assist you in objectively evaluating your likelihood of success. Your lawyer will also tirelessly advocate for you in a professional manner that helps you with your visitation rights but doesn’t unduly strain already stressful relationships.
As a Grandparent, Under What Circumstances Do I Have the Right to Seek Visitation Rights Legally?
Your grandchild’s parents have a constitutional right to raise, make decisions, and care for their children. Therefore, a grandparent can’t intervene and obtain custody of a grandchild unless the child’s parent is unfit for the job or has voluntarily terminated their parental rights.
In cases such as this, Utah law allows a third party, such as a grandparent, to obtain custody under the following circumstances:
- The grandparent will intentionally assume the role and all the parental obligations of a parent.
- Grandparent and grandchild have a strong, mutually beneficial emotional bond and parent-child type relationship.
- The grandparent has contributed emotionally or financially to the child’s well-being in previous months or years.
- The grandparents don’t expect to be financially compensated for their assumption of the parental role.
- The grandchild’s best interests are served by having a continuing relationship with their grandparents.
- A grandchild would be harmed (emotionally or otherwise) by the loss of their grandparent-grandchild relationship, and more.
Although grandparents in Utah have a right to visit their grandchildren, these cases are not usually straightforward. So, seeking detail-oriented, well-versed professional guidance is always in the grandparents and this child’s best interests.
As a Grandparent, Can I Get Custody of My Grandchild if Necessary?
Commonly, grandparents obtain custody rights over their grandchildren by having their lawyer draft and file a juvenile court action. But, usually, to do so, the parents must have committed some malfeasance to their child, such as emotional or physical abuse or neglect.
In some cases, guardianship is the easiest way for a grandparent to establish custody of their grandchild. Once their lawyer has their guardianship legally established, the grandparents will have full guardian custody rights over their grandchild. This allows the grandparents to make important life decisions on behalf of their grandchild, just as a parent would do.
For the grandparents to obtain this type of guardianship, the consent of both parents is usually required. Or for the grandparent to prove that a non-consenting parent is currently unable to care for the child due to being incapacitated, mistreating the child, having previously had their parental rights terminated, or died.
This guardianship strategy often works best in situations where the child’s birth parents know that they are not currently in a situation to care for their child. Sometimes, the birth parents may be too young or have other issues, such as alcohol or drug abuse. Often, in these situations, the court feels it’s in the child’s best interest to have grandparents provide the parental care and hold the decision-making authority for the children.
However, you should note that this type of guardianship can be terminated at any time if one or both parents decide to revoke their consent.
Regardless of circumstance, grandparents wanting visitation rights, guardianship, etc., must obtain professional legal help navigating this challenging legal process.
I’m a Grandparent Who Wants Visitation Rights To See My Grandchild; How Should I Proceed?
First and foremost, never attempt to navigate this dating legal process alone. The family law and child custody experts at the RCG Law Group have helped myriad Utah grandparents get the grandchild visitation rights they want and deserve.
Their child custody lawyers will always analyze all aspects of your unique case and are committed to managing it with the compassion and professional knowledge it demands.
Call them today at 385-503-3663 for a free consultation on your case. They are a law team that will always put your, and your grandchild’s needs first and passionately and tirelessly fight for your rights so that you have the opportunity to support, cherish, and love your grandchildren for years to come.
