Grandparent Visitation Petition - Utah

PETITION FOR GRANDPARENT VISITATION

(Utah Code § 81-9-403)

Court and filing path: Under § 81-9-403(1), a grandparent may bring an original district-court petition and may petition in a pending divorce or other custody/visitation proceeding in juvenile or district court. Confirm venue, child-custody jurisdiction, service, verification, and required Utah court forms under the current rules for the selected proceeding.

1. PETITIONER AND RESPONDENTS

1.1 Petitioner — Grandparent

1.2 Minor Child

People with whom the child lived during those five years (names and present addresses, if reasonably ascertainable):

1.3 Respondent Parent(s), Custodian, or Guardian

Nonparties who now have physical custody or claim legal custody, physical custody, or parent-time:

2. FILING BASIS, COURT, AND VENUE

2.1 Filing basis. Petitioner files:

☐ An original action in district court under Utah Code § 81-9-403(1)(a).

☐ A petition in the following pending divorce, juvenile, or other custody/visitation proceeding under § 81-9-403(1)(b):

Court: [________________________________]

Case number: [________________________________]

Nature of proceeding: [________________________________]

2.2 Jurisdiction and venue. State the basis for child-custody jurisdiction and venue under the current law and rules applicable to this proceeding:

[____________________________________________________________]

2.3 Other proceedings and orders. Identify every known proceeding or order concerning custody of or visitation with the minor child:

3. PARENTAL DECISION AND STATUTORY PRESUMPTION

3.1 Petitioner acknowledges Utah's public policy that a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of the parent's minor child. Utah Code § 81-9-403(2)(a).

3.2 Petitioner acknowledges the court must presume that the parent's decision regarding grandparent visitation is in the minor child's best interest. Utah Code § 81-9-403(2)(b).

3.3 The parent's decision regarding visitation is:

[____________________________________________________________]

4. CLEAR-AND-CONVINCING REBUTTAL

Petitioner alleges the presumption is rebutted under one or both of the following statutory routes and will present clear and convincing evidence.

4.1 Route A — Parent-Like Custodian or Caregiver

☐ Petitioner filled the role of custodian or caregiver to the grandchild in a manner akin to a parent.

Detailed facts:

[____________________________________________________________]

[____________________________________________________________]

☐ The loss of the relationship between Petitioner and the grandchild would cause substantial harm to the grandchild.

Detailed facts and supporting evidence:

[____________________________________________________________]

[____________________________________________________________]

4.2 Route B — Both Parents Unfit or Incompetent

☐ Both parents are unfit or incompetent in a manner that causes potential harm to the grandchild.

Detailed facts as to Parent 1:

[____________________________________________________________]

Detailed facts as to Parent 2:

[____________________________________________________________]

5. BEST INTEREST AFTER REBUTTAL

If the presumption is rebutted, Petitioner asks the court to find visitation is in the grandchild's best interest based on the totality of the circumstances, including the statutory considerations below.

5.1 Reasonableness of the Parent's Decision

[____________________________________________________________]

5.2 Age of the Grandchild

[____________________________________________________________]

5.3 Death or Unavailability of a Parent

[____________________________________________________________]

5.4 Grandchild's Desires if Age 14 or Older

☐ The grandchild is under age 14.

☐ The grandchild is age 14 or older. Petitioner requests that the court inquire into the grandchild's desires as permitted by § 81-9-403(4)(b)(iv).

Known wishes, if appropriate to state:

[____________________________________________________________]

5.5 Other Totality-of-the-Circumstances Facts

[____________________________________________________________]

6. REQUESTED VISITATION

Petitioner requests the following reasonable visitation:

Explain how the requested schedule addresses the substantial or potential harm alleged and respects the parent-child relationship:

[____________________________________________________________]

7. REQUEST FOR RELIEF

Petitioner respectfully asks the Court to:

A. Find that Petitioner has standing under Utah Code § 81-9-403(1);

B. Find by clear and convincing evidence that Petitioner rebutted the presumption under § 81-9-403(3)(a), § 81-9-403(3)(b), or both;

C. Find that grandparent visitation is in the grandchild's best interest after considering § 81-9-403(4);

D. Enter an order for grandparent visitation under § 81-9-403(5) on the schedule the Court finds appropriate; and

E. Grant any other lawful relief.

8. SWORN UCCJEA VERIFICATION

Utah Code § 81-11-209(1) requires the child-custody information in the first pleading or an attached affidavit to be given under oath. Complete this verification for the information in Sections 1 and 2. Do not place a protected address in a publicly filed version when a safety claim under § 81-11-209(5) requires sealed treatment.

I, [PETITIONER NAME], being first duly sworn, state that the child-custody information in this Petition is true to the best of my knowledge after reasonable inquiry. I have identified any other known custody or parent-time proceeding and any nonparty claimant to custody or parent-time.

Date: [__/__/____]

Petitioner signature: [________________________________]

Printed name: [________________________________]

Address: [________________________________]

Telephone / email: [________________________________]

Subscribed and sworn before me on [DATE] in [COUNTY], Utah.

Notary or authorized officer: [SIGNATURE AND TITLE]

Commission expiration, if applicable: [________________]

9. SERVICE AND NOTICE CHECKLIST

Confirm service under the current Utah rules and any existing case order on every required person or entity, including as applicable:

• ☐ Each parent named as a respondent
• ☐ The minor child's current custodian or guardian
• ☐ The guardian ad litem, if appointed
• ☐ Each person required by an existing custody or visitation order
• ☐ Any person or agency required by the current court rules or a court order
• ☐ Other required recipient: [________________________________]

10. FILING CHECKLIST

• ☐ Correct district or juvenile court selected under § 81-9-403(1)
• ☐ Current Utah court forms and filing instructions checked
• ☐ Any verification, declaration, affidavit, and child-custody information required by current forms or rules completed
• ☐ Detailed facts pleaded for the selected § 81-9-403(3) route
• ☐ Required residency information attached
• ☐ Existing custody, visitation, divorce, parentage, or juvenile proceedings disclosed
• ☐ Required parties and agencies served
• ☐ Proposed visitation schedule attached
• ☐ Supporting declarations and exhibits attached

OFFICIAL SOURCE

• Utah Code § 81-9-403 — https://le.utah.gov/xcode/Title81/Chapter9/81-9-S403.html

Disclaimer: This petition is a preparation aid only. The parent-decision presumption and clear-and-convincing burden are substantial. Use current court forms and obtain Utah-licensed counsel review before filing.