Grandparent Rights
Grandparent rights in Utah are governed by Utah Code § 30-5a-301 et seq. and related family law statutes. These laws recognize that grandparents may have a legal interest in maintaining a relationship with their grandchildren, particularly when the child’s parent is unable, unwilling, or deceased. Grandparent rights can include visitation, parenting-time, or, in some circumstances, seeking custody if it is in the best interests of the child.

Carolyn’s Grandparent Rights Services

Carolyn can represent grandparents seeking to establish or enforce their legal rights under Utah law. Her experience includes guiding clients through the full procedural and litigation process, which is similar to divorce proceedings, including filing petitions, attending hearings, participating in mediation, and pursuing a trial if necessary.

Filing a Petition for Grandparent Rights

When needed:

  • A parent is deceased, incapacitated, or otherwise unable to care for the child

  • There are safety or welfare concerns affecting the child

  • The grandparent seeks to maintain a meaningful relationship with the grandchild

Carolyn’s role:

  • Preparing and filing the Petition for Grandparent Rights

  • Gathering evidence to demonstrate the child’s best interests

  • Representing grandparents at hearings before the Court Commissioner

  • Coordinating mediation between the grandparent and parent to resolve disputes amicably

Court factors considered:

  • The health, safety, and welfare of the child

  • The existing relationship between the grandparent and child

  • The ability of the grandparent to provide a stable and supportive environment

  • Any objections or concerns raised by the parent or legal guardians

Motion for Temporary Orders

When needed:

  • When grandparents need temporary visitation or parenting time while the case is pending

Carolyn’s role:

  • Filing a Motion for Temporary Orders

  • Representing the grandparent at temporary hearings before the Commissioner

  • Negotiating temporary arrangements that prioritize the child’s best interests

Court factors considered:

  • Immediate needs and safety of the child

  • Existing family relationships and dynamics

  • Requests from parents or guardians

Mediation and Contested Hearings

When needed:

  • When there is disagreement between grandparents and parents regarding visitation or custody

Carolyn’s role:

  • Representing the grandparent in mediation to reach amicable agreements

  • Preparing for contested hearings if mediation is unsuccessful

  • Presenting evidence and testimony to support the grandparent’s case for visitation or custody

Court factors considered:

  • The best interests of the child, including emotional, educational, and social needs

  • Stability and continuity in the child’s life

  • The willingness and ability of grandparents to cooperate with parents

Example

Mediation often occurs between the full-time parent and the grandparents to reach a mutually agreeable arrangement. For example, Carolyn represented a grandmother whose daughter had passed away. The biological father of the child, a 5-year-old boy, was the primary caregiver but had excluded the grandmother from active involvement in the child’s life.

Mediation was conducted between the father and the grandmother, resulting in a stipulated agreement recognizing the grandmother’s rights to maintain a meaningful relationship with her grandchild. The agreement established parent-time with the 5-year-old boy every Monday and Wednesday for three (3) hours and every other weekend, as well as rotating holiday and birthday parent-time.

Summary

Carolyn provides comprehensive representation for grandparents seeking to establish or enforce their legal rights. She handles petitions, temporary orders, mediation, and contested hearings, ensuring that grandparents’ relationships with their grandchildren are protected while prioritizing the child’s best interests. Her experience, knowledge of Utah statutes, and courtroom expertise allow her to navigate these sensitive family law matters effectively.

Clear divorce strategy. Decisive advocacy. Strength when the outcome matters most.