We know that the issues of separation and divorce can be incredibly difficult for entire families. This includes grandparents who may feel like they have been left out. We want you to know that grandparents also have rights in Utah when it comes to visitation.
You can count on Emy A. Cordano when you need help with any issues relating to divorce in Utah. When you need a Salt Lake City family law lawyer, she will be by your side, working to ensure you are treated fairly.
Why This Matters
In many families, grandparents are part of a child’s support system and they develop deep emotional bonds with their grandkids. Unfortunately, the divorce process can lead to grandparents being cut out of their grandchildren’s lives.
Why would that happen?
We know that not all divorces end amicably and grandparents can get caught in the negative feelings of one or both parents. If a custodial parent decides that they do not want their ex’s parents to be a part of their child’s life, what options do grandparents have?
The rights of grandparents vary from state to state, but the US Supreme Court has ruled that a judge should consider the grandchild’s best interests in cases involving grandparent rights.
In Utah, the law gives parents considerable leeway when it comes to making decisions about grandparent visitation. Grandparents have to prove that it is in the grandchild’s best interests before a judge will consider allowing it. A judge will need to determine whether the:
- Grandparent is capable of properly caring for a child during visitation
- Grandparent has been denied or limited in their visitation rights
- Parent is unfit or incompetent
- Grandparents have acted as the grandchild’s caregiver in the past or had a relationship with the grandchild and that the loss of this relationship would harm the child
Grandparents can also be granted visitation if the:
- Child’s parent has died or becomes non-custodial due to separation
- Child’s parent has been missing for an extended period of time
What About Custody?
Visitation is different from custody. When it comes to custody, that deals with the total care of the child and is usually the responsibility of one or both of the child’s parents.
Grandparents can also obtain custody of a grandchild under certain circumstances, but only if the child’s parents are unable to do so because they are unfit or have voluntarily terminated their rights.
Let Us Help You
Divorce is not easy for anyone. Not the parents or children and not the grandparents. As a grandparent, we know that you want to continue to spend time with your grandchildren, so let us help you make that happen. These cases can become incredibly complex and emotional. Emy A. Cordano has the knowledge and experience you need to navigate this process. She will discuss all of the options you have with you. When you need a Salt Lake City family law attorney, you can contact us by clicking here or call us at 801-804-5152 for a legal consultation.