Non-Parent Custody Petitions
According to the Utah law, parents retain the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children. However, petitioning the Utah Courts for custody of a minor child as a non-parent may be appropriate under certain circumstances. For example, the presumption that a parent has the rights listed above may be rebutted if you can establish:
- You have intentionally assumed the role and obligations of a parent;
- You and the child have formed a substantial emotional bond and created a parent-child type relationship;
- You have substantially contributed emotionally or financially to the child’s well being;
- Your relationship with the child is not the result of a financially compensated surrogate care arrangement;
- The continuation of the relationship between you and the child is in the child’s best interest;
- The loss or cessation of your relationship with the child would substantially harm the child; and
- the parent:
- is absent; or
- is found by a court to have abused or neglected the child.
It is important to note that parental rights are not automatically terminated in non-parent custody matters in Utah. They can be changed or challenged under some circumstances. However, they are an important legal tool if you are caring for a child whose parents are absent or unavailable. Call Jess Law to learn more about whether this is the right option for you.
Grandparent Visitation
Again, Utah law prioritizes parents’ fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of their children. However, the law does recognize the importance of maintaining relationships between grandparents and their grandchildren, even when parents are not directly involved. While the court presumes that a parent’s decision in regard to grandparent visitation is in the best interest of that parent’s child, the court may find this presumption rebutted if the grandparent is able to establish the following:
- Either that the grandparent has filled the role of custodian or caregiver to the grandchild that:
- is in a manner akin to a parent; and
- the loss of the relationship between the grandparent and the grandchild would cause substantial harm to the grandchild;
- Or, that both parents are unfit or incompetent in a manner that causes potential harm to the grandchild.
If the court finds that one of the two above-listed criteria is met by clear and convincing evidence, the court may issue an order for grandparent visitation. It is important to note that a petition for grandparent visitation may be filed during the pendency of a divorce or other custody proceeding, whether the matter be pending in juvenile or district court.
The key difference between a non-parent custody matter and a grandparent visitation matter is that custody can be transferred to a non-parent (including a grandparent) in a non-parent/third party custody matter while in a grandparent visitation matter, only visitation rights may be granted to the grandparent(s) while the parent(s) would maintain custody of the child(ren).