Across Utah, more grandparents are turning to the courts to secure legal visitation with their grandchildren. This growing trend highlights the increasing importance of extended family involvement in children’s lives, especially when family structures shift due to divorce, separation, or other significant life changes. At Ascent Law in West Jordan, our attorneys help grandparents understand and assert their rights under Utah’s custody laws.
Grandparents’ rights refer to the ability to petition the court for court-ordered time with a grandchild. These rights are not automatically granted, but Utah law does allow grandparents to seek legal visitation in specific situations. A grandparent may take legal action when contact is denied or when family dynamics are disrupted by events such as the death of a parent, parental unfitness, or major conflict within the household.
In visitation cases, Utah courts weigh several factors to determine whether the requested visitation is in the best interests of the child. Judges look at the nature and history of the relationship between the grandparent and grandchild, whether the grandparent has served as a consistent and positive presence in the child’s life, and whether denying access would cause measurable harm to the child. The preferences of the custodial parent are taken seriously, but the court may override them if the evidence shows that legal visitation is necessary for the child’s emotional stability and development.
There are circumstances in which grandparents pursue custody instead of visitation. This usually occurs when both parents are unable or unwilling to care for the child. Utah custody laws allow grandparents to file for custody when issues such as substance abuse, incarceration, or abandonment have left the child in an unstable or unsafe environment. In these cases, the court requires clear and convincing evidence that placing the child with the grandparent is in the child’s best interests.
Recent family law trends in Utah indicate a gradual but meaningful shift toward acknowledging the role of extended family in a child’s upbringing. Courts are increasingly willing to consider the involvement of grandparents when determining what supports the child’s long-term well-being. Although the legal system still prioritizes the autonomy of parents, it also recognizes that children benefit from maintaining strong relationships with trusted family members beyond their immediate household.
Navigating custody laws and visitation cases involving grandparents requires a deep understanding of both the legal framework and the family dynamics at play. Utah courts assess each case on its own facts, and successful petitions often depend on the quality of legal preparation and the strength of the evidence presented.
