If you live in Utah and wonder whether grandparents can get visitation rights to see their grandchildren, you aren’t alone. This is a hot topic for many Utah families—especially when parents divorce, separate, or sadly pass away. Utah law is clear in some ways but leaves room for confusion and misunderstanding. Here, Utah Law Explained breaks down the most common myths, the real facts, and what Utah courts consider when grandparents ask for visitation.
Myth: Grandparents Always Have a Legal Right to Visit
This is one of the most misunderstood beliefs in Utah. Fact: There is no automatic right for grandparents to visit grandchildren in Utah. Grandparents can file a petition, but Utah courts will not grant visitation unless very specific conditions are met. The law puts parents’ wishes first—but under certain situations, courts may permit visitation. The main law that addresses this is Utah Code § 30-5-2.
Fact: Utah Courts Start with the Parents’ Decision
Under Utah law, judges presume a parent’s decision about grandparent visits is in the child’s best interest. That means if a parent says “no,” judges will usually respect that choice unless a grandparent shows strong evidence why visitation should still happen. Courts will consider changing a parent’s decision only if there’s proof that denying visits would harm the child.
- Grandparents must prove that visitation is in the child’s best interest.
- Parents’ wishes carry extra weight in every Utah courtroom.
What Does a Grandparent Need to Prove in Utah?
To get visitation under Utah Code § 30-5-2, most grandparents must show:
- The child’s parent is unfit, unable, or unwilling to act in the child’s best interest or there are other extraordinary circumstances (like parental death, abandonment, or incarceration).
- Denial of visitation would actually harm the child.
- Visitation will benefit—not disrupt or harm—the child, and fit into their life smoothly.
This is a tough standard. Utah judges won’t grant grandparent time just because it “feels right” or is “fair” to the grandparent. The child’s stability comes first.
Myth: Filing a Petition Guarantees Grandparent Time
Just filing a court petition does not mean you will get visitation. You must provide strong, specific proof that a child is being harmed by the lack of grandparent contact. In most cases, Utah judges see healthy parent–child relationships as more important than grandparent time. However, if a parent is deceased, absent, or incapacitated, the grandparents’ chances improve—but it’s never automatic.
Common Examples: How Utah Courts Handle Real Cases
Consider these examples inspired by real situations in Salt Lake City, Ogden, and St. George:
- After a parent passes away, the surviving parent cuts off contact with the grandparents. The court checks if visits are crucial for the child’s stability.
- In Provo, a grandparent wants visitation after a high-conflict divorce. The judge looks at the relationship history—was the grandparent a major caregiver, or just an occasional visitor?
- In Logan, a grandparent petitions after a child is removed by Child Protective Services. Judges ask: Is the grandparent’s influence helpful, or could it add to the disruption?
Each decision depends heavily on the facts and clear evidence—a judge won’t assume grandparent visits are best without proof.
Related Video: Utah Legal Insight
Watch this quick Utah explainer to better understand grandparent visitation and how it applies in real cases.
Tips: If You’re a Utah Grandparent Seeking Visitation
- Keep a detailed record of your relationship and involvement with the child.
- Work on communication with the parent(s) whenever possible—Utah courts notice good-faith cooperation.
- Gather evidence, witnesses, and documents showing why contact matters for the child’s well-being.
- Consider mediation before heading to court—some Utah counties may require it.
Remember: If parental rights have NOT been terminated, their decisions remain the starting point.
Fact: Visitation Orders Are Rare & Case-Specific
Utah judges grant grandparent visitation only in unusual, well-documented situations. It’s rare unless a parent has died, is missing, or is unfit. When orders get issued, they’re often limited: scheduled calls, a few visits per year, or contact supervised by another family member.
Each case is unique, and outcomes across county courts—from Davis to Utah County—can vary. Talk to a local Utah attorney for guidance based on your circumstances.
Checklist: Grandparent Visitation Process in Utah
- Review Utah Code § 30-5-2 for eligibility criteria.
- Try negotiating informal arrangements first; courts appreciate families who try collaboration.
- If needed, file a petition with the appropriate Utah district court (typically in the county where the child lives).
- Present evidence and be prepared for a high standard—extraordinary circumstances must be demonstrated.
Filing does not guarantee success, but understanding Utah law helps you make the strongest case.
Final Word
Understanding Utah law helps you act confidently and avoid costly mistakes. Whether you’re preparing paperwork, resolving a dispute, or appearing in court, knowing your rights helps you make smarter choices. This guide provides legal information — not legal advice. For help specific to your case, contact a licensed Utah attorney.
For more plain-English Utah legal explainers, visit Utah Law Explained or explore our About Us page.