Do Grandparents Have Visitation Rights in Utah?

In many families, both parents and children look forward to grandparent visits. Some grandparents provide emotional support or childcare assistance to exhausted parents and shower their grandchildren with attention and love. However, when parents divorce or separate, a parent may decide to cut off visits to grandma or grandpa. If you've been an involved grandparent, who's suddenly prevented from visiting with your grandchild, there's hope.

There is legal recourse for grandparents who want visitation with their grandchild. A judge will consider the grandchild's best interests, among other factors, to determine if grandparent visitation is appropriate. This article provides an overview of grandparent visitation rights in Utah. If after reading this article you have questions,contact a local family law attorney for advice.

Overview of Grandparent Visitation Laws Under Troxel

Grandparent visitation rights aren't found in the Constitution and there's no federal law regulating grandparent privileges. Instead, each state has enacted its own laws governing grandparent visitation rights. Grandparent visitation laws vary from state to state, but the U.S. Supreme Court has outlined some basic rules governing grandparent visitation.

In 2000, the Supreme Court issued its decision in Troxel v. Granville. The case challenged the constitutionality of Washington's grandparent visitation law. The Troxel decision requires a judge to consider a grandchild's best interests in any case involving grandparent rights. A court must presume that a parent's prevention of grandparent visitation is appropriate. Finally, a court must consider a parent's reasons for prohibiting grandparent-grandchild visits. The Troxel case reaffirmed parents' rights, while still acknowledging that grandparent visitation may be appropriate in some cases.

Grandparent Visitation in Utah

A grandparent may ask a court to order visitation if they believe denying visitation would harm the child and they can present clear and convincing evidence that:

• They have acted as a parent-like caregiver to the grandchild, and
• Losing that relationship would cause substantial harm to the grandchild; or
• Both parents are unfit or incompetent in a way that harms the child.

To overcome the legal presumption in favor of the parent's decision, the grandparent must prove, by clear and convincing evidence, one of the following:

• They functioned as a custodian or caregiver akin to a parent, and
• The loss of the relationship would cause substantial harm to the grandchild;
  or
• Both parents are unfit or incompetent in a way that could harm the grandchild.

If the grandparent rebuts the presumption that the parent's decision is in the child's best interest, the court may consider:

• Whether grandparent visitation is in the best interest of the child;
• The totality of the circumstances, including:
  • The reasonableness of the parent's decision to deny visitation;
  • The age of the child;
  • Whether a parent is deceased or unavailable;
  • The child's preferences, if the child is 14 years old or older.

(Utah Code § 81-9-403 (2025).)

When can a grandparent obtain custody of a grandchild?

Parents have a constitutional right to raise and care for their children. A grandparent can't intervene and obtain custody of a grandchild unless the child's parent is unfit or has voluntarily terminated parental rights. Specifically, Utah law allows a third party individual, such as a grandparent, to obtain custody when:

• the grandparent has intentionally assumed the role and parental obligations of a parent
• the grandparent and grandchild have a strong emotional bond and parent-child type relationship
• the grandparent has contributed emotionally or financially to the child's well-being
• the grandparent is not financially compensated for his or her assumption of the parental role
• the grandchild's best interests are served by continuing the grandparent-grandchild relationship
• the grandchild would be harmed by the loss of the grandparent-grandchild relationship, and
• the grandchild's parent is absent or has abused or neglected the child.

For example, in one Utah case, a court denied a maternal grandparents' request for custody. The grandchild's mother had died and the father had only recently become a part of the grandchild's life. The court denied custody because the grandparents were unable to show that the father had abandoned, abused, or neglected the child. A parent's temporary absence isn't enough for a grandparent to obtain custody of a grandchild.

A grandparent has a heavy burden to prove that the grandchild's parent can't meet basic parenting obligations. Utah law assumes that parents act in their children's best interests and a grandparent seeking custody must show otherwise. A parent must be unfit or missing from the picture before a grandparent can petition for custody of a grandchild.

Can a biological grandparent obtain visitation with an adopted child?

Adoption cuts off a biological parent's rights to a child, as well as grandparents' rights. Likewise, if a parent's parental rights are terminated, a grandparent (the parent's parent) will also lose any visitation privileges with the grandchild. Some exceptions apply in the case of stepparent adoptions or an adoption by a biological relative.

Specifically, in one Utah case, a judge denied a paternal grandparent's request for visitation. The grandchild's father (and grandparent's son) died before the grandchild was born. Shortly after the grandchild's birth, the child's mother relinquished her parental rights and placed the child up for adoption through an agency. Although the paternal grandparents tried to intervene and prevent the adoption, the court determined that they had no standing. The grandparent's legal rights were terminated upon their son's death.

Grandparents have visitation rights under Utah law. However, those rights are always secondary to a parent's rights. In certain situations, a grandparent may be entitled to visitation with a grandchild as long as the visits don't interfere with the parents' rights, and they serve the grandchild's best interests. If you have additional questions about obtaining grandparent visitation with or custody of a grandchild in Utah, contact a local family law attorney for advice.