Utah Motion For Entry of Order Regarding Grandparents Visitation
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How to fill out Utah Motion For Entry Of Order Regarding Grandparents Visitation?
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FAQ
Grandparents can use the Family Law Act to apply to court for orders that their grandchildren live with or spend time with them.Grandparents are specifically mentioned in the Family Law Act as being able to apply to a court for orders to do with their grandchildren.
To give a grandparent reasonable visitation with a grandchild, the court has to: Find that there was a pre-existing relationship between grandparent and grandchild that has engendered a bond. This means that there is such a bond between grandparent and grandchild that visitation is in best interest of the grandchild.
The parents of the child in question have the legal right to deny any grandparent visitation rights.Third parties would include grandparents. However, some states allow grandparents to request visitation rights if the nuclear family has been disrupted in some way, such as in cases involving divorce.
The court will consider the child's wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule. Usually the court will not consider child's preference unless the child is at least 14 years old.
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.
Courts also must balance parent's prerogative to deny the grandparent's visitation against the positives of the grandparent having visitation. If a child is 14 or older, the judge will also consider the child's opinion on grandparent visitation.
The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to.Parents might try to prevent their children from seeing grandparents because the grandparents are trying to intervene.