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S.B. 87
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VISITATION RIGHTS OF GRANDPARENTS
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2002 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Terry R. Spencer
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This act amends the grandparents visitation rights statute. The act clarifies that
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grandparents may intervene in pending proceedings involving custody and visitation issues.
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The act applies to all grandparent visitation actions a presumption in favor of the parent's
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decision and describes how that presumption can be overcome. The act permits courts to
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take into account the grandchild's desires regarding visitation. The act establishes a
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standard for modification of an existing visitation order.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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30-5-1, as last amended by Chapter 265, Laws of Utah 2000
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30-5-2, as last amended by Chapter 265, Laws of Utah 2000
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
30-5-1
is amended to read:
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30-5-1. Definitions.
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As used in this act:
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(1) "District court" means the district court within whose jurisdiction the grandchildren
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reside.
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(2) "[Grandchildren] Grandchild" means the child [or children that] with respect to whom
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a grandparent is seeking visitation rights with under this chapter.
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(3) "Grandparent" means a person whose child, either by blood, marriage, or adoption, is
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the parent of the [grandchildren] grandchild.
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Section 2.
Section
30-5-2
is amended to read:
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30-5-2. Visitation rights of grandparents.
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(1) Grandparents have standing to bring an action in district court by petition, requesting
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visitation in accordance with the provisions and requirements of this section. Grandparents may
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also file a petition for visitation rights in a pending divorce proceeding or other proceeding
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involving custody and visitation issues.
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[(2) The district court may grant grandparents reasonable rights of visitation, if it is in the
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best interest of the grandchildren, in cases where a grandparent's child has died or has become a
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noncustodial parent through divorce or legal separation.]
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[(3) In cases other than those described in Subsection (2), a grandparent may petition the
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court for reasonable rights of visitation with a grandchild. The court may enter an order granting
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the petitioner reasonable visitation rights in accordance with the provisions and requirements of
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this Subsection (3). There is a presumption that a parent's decision with regard to grandparent
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visitation is reasonable. The court may override the parent's decision and grant reasonable
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visitation rights to a grandparent if it finds that:]
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[(a) it is in the best interest of the grandchild;]
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[(b) the petitioner is a fit and proper person to have rights of visitation with the
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grandchild;]
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[(c) the petitioner has repeatedly attempted to visit the grandchild and has not been allowed
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to visit the grandchild as a direct result of the actions of the parent or parents;]
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[(d) there is no other way for the petitioner to visit the grandchild without court
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intervention; and]
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[(e) the petitioner has rebutted the presumption that the parent's decision to refuse or limit
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visitation with the grandchild was reasonable.]
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(2) There is a rebuttable presumption that a parent's decision with regard to grandparent
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visitation is in the grandchild's best interests, and that decision must be given special weight.
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However, the court may override the parent's decision and grant the petitioner reasonable rights
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of visitation if the court finds that:
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(a) the petitioner is a fit and proper person to have visitation with the grandchild;
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(b) visitation with the grandchild has been denied or unreasonably limited;
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(c) visitation is in the best interests of the grandchild; and
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(d) the petitioner has otherwise rebutted the presumption.
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(3) In determining whether the petitioner has rebutted the presumption stated in Subsection
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(2), the court may consider facts which the court considers to be relevant, such as whether:
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(a) the parent is unfit or incompetent;
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(b) the petitioner has acted as the grandchild's custodian or caregiver, or otherwise has had
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a substantial relationship with the grandchild, and the loss or cessation of that relationship is likely
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to cause harm to the grandchild;
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(c) the petitioner's child, who is a parent of the grandchild, has died, or has become a
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noncustodial parent through divorce or legal separation;
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(d) the petitioner's child, who is a parent of the grandchild, has been missing for an
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extended period of time; or
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(e) the court of another state has granted visitation to the petitioner.
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(4) (a) There is a rebuttable presumption that adoption of a [child] grandchild, voluntary
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or involuntary termination of parental rights with respect to the grandchild, or relinquishment of
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the grandchild to a licensed child placing agency terminates all rights of a grandparent to [petition
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for] visitation under this section. That presumption may be rebutted if the court finds that [a child]
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the grandchild has established a relationship with the grandparent[,] and that the [child's]
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grandchild's continued contact with the grandparent will be in the best [interest] interests of the
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[child] grandchild.
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(b) Nothing in this Subsection (4) affects visitation rights of a grandparent that have been
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ordered by a court pursuant to this section, if the grandchild is adopted by the grandchild's
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stepparent.
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(5) Subject to the provisions of Subsections (2), (3), and (4), the court may inquire of the
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grandchild and take into account the grandchild's desires regarding visitation.
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(6) On the motion of a grandparent or the legal custodian of a grandchild the court may,
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after a hearing, modify an order that established grandparent visitation if:
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(a) the circumstances of the grandchild, the grandparent, or the custodian have materially
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and substantially changed since the entry of the order to be modified, or the order has become
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unworkable or inappropriate under existing circumstances; and
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(b) modification of the terms and conditions of the order would be in the best interests of
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the grandchild.
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[(5)] (7) Grandparents may petition the court as provided in Section
78-32-12.2
to remedy
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a parent's wrongful noncompliance with a visitation order.
Legislative Review Note
as of 10-22-01 2:41 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.