Full text of Utah Utah Code § 81-9-403 — Visitation rights of grandparents., with citation guidance and answers to common questions.
§ 81-9-403. Visitation rights of grandparents.
Effective 9/1/2024
81-9-403.
Visitation rights of grandparents.
| (1) | In accordance with the provisions and requirements of this section:
| (a) | a grandparent has standing to bring an action requesting visitation in district court by petition; and |
| (b) | a grandparent may file a petition for visitation rights in the juvenile court or district court where a divorce proceeding or other proceeding involving custody and visitation issues is pending. |
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| (2) |
| (a) | In accordance with Section 80-2a-201, it is the public policy of this state that a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of a minor child of the parent. |
| (b) | A court shall presume that a parent's decision in regard to grandparent visitation is in the best interest of the parent's minor child. |
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| (3) | A court may find the presumption in Subsection (2)(b) rebutted if the grandparent, by clear and convincing evidence, establishes that:
| (a) | the grandparent has filled the role of custodian or caregiver to the grandchild that:
| (i) | is in a manner akin to a parent; and |
| (ii) | the loss of the relationship between the grandparent and the grandchild would cause substantial harm to the grandchild; or |
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| (b) | both parents are unfit or incompetent in a manner that causes potential harm to the grandchild. |
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| (4) |
| (a) | If the court finds the presumption in Subsection (2)(b) is rebutted, the court may consider whether grandparent visitation is in the best interest of the grandchild. |
| (b) | If the court considers whether grandparent visitation is in the best interest of the child, the court shall take into account the totality of the circumstances, including:
| (i) | the reasonableness of the parent's decision to deny grandparent visitation; |
| (ii) | the age of the grandchild; |
| (iii) | the death or unavailability of a parent; and |
| (iv) | if the grandchild is 14 years old or older, the grandchild's desires regarding visitation after the court inquires of the grandchild. |
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| (5) | If the court finds the presumption in Subsection (2)(b) is rebutted and grandparent visitation is in the best interest of the grandchild, the court may issue an order for grandparent visitation. |
| (6) | Notwithstanding Section 81-9-404, the adoption of a grandchild by the grandchild's stepparent does not diminish or alter visitation rights previously ordered under this section. |
| (7) | 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 Subsections (3) and (4). |
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| (8) | A grandparent may petition the court to remedy a parent's wrongful noncompliance with a visitation order. |
Renumbered and Amended by Chapter
366, 2024 General Session
Frequently Asked Questions About Utah § 81-9-403
What does Utah Code § 81-9-403 cover?
Section 81-9-403 ("Visitation rights of grandparents.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 81-9-403?
A common citation format is "Utah Code § 81-9-403" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 81-9-403 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
