Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 164 First Substitute (2015GS)

Sponsor

Rep. Christensen, L.

Final action

House/ filed 3/12/2015

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends definitions; and
• provides that a grandparent may petition for visitation after a parent's rights have been terminated, unless the grandchild is adopted by a nonrelative.

Every vote on this bill

Bill text

GRANDPARENT RIGHTS AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: LaVar Christensen
Senate Sponsor: 
 Mark B. Madsen
LONG TITLE
General Description:
This bill amends provisions concerning the visitation rights of a grandparent.
Highlighted Provisions:
This bill:
▸ amends definitions; and
▸ provides that a grandparent may petition for visitation after a parent's rights have
been terminated, unless the grandchild is adopted by a nonrelative.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
30-5-2
, as last amended by Laws of Utah 2005, Chapter 129
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
30-5-2
 is amended to read:
30-5-2.
Visitation rights of grandparents.
(1) As used in this section:
(a) "Grandparent" means the same as that term is defined in Section 
30-5-1
 and
includes a grandparent of a child:
(i) whose parent's rights are terminated under Title 78A, Chapter 6, Part 5, Termination
of Parental Rights Act; and
(ii) who is adopted by a relative of the child at the time of adoption.
(b) "Nonrelative" means an individual who is not a relative of the grandchild at the
time of adoption.
(c) "Relative" means an individual related to the grandchild by marriage or blood as:
(i) a sibling;
(ii) an aunt;
(iii) an uncle; or
(iv) a grandparent.
[
(1)
] 
(2)
 Grandparents have standing to bring an action in district court by petition,
requesting visitation in accordance with the provisions and requirements of this section. 
Grandparents may also file a petition for visitation rights in a pending divorce proceeding or
other proceeding involving custody and visitation issues.
[
(2)
] 
(3)
 There is a rebuttable presumption that a parent's decision with regard to
grandparent visitation is in the grandchild's best interests. However, the court may override the
parent's decision and grant the petitioner reasonable rights of visitation if the court finds that
the petitioner has rebutted the presumption based upon factors which the court considers to be
relevant, such as whether:
(a) the petitioner is a fit and proper [
person
] 
individual
 to have visitation with the
grandchild;
(b) visitation with the grandchild has been denied or unreasonably limited;
(c) the parent is unfit or incompetent;
(d) the petitioner has acted as the grandchild's custodian or caregiver, or otherwise has
had a substantial relationship with the grandchild, and the loss or cessation of that relationship
is likely to cause harm to the grandchild;
(e) the petitioner's child, who is a parent of the grandchild, has died, or has become a
noncustodial parent through divorce or legal separation;
(f) the petitioner's child, who is a parent of the grandchild, has been missing for an
extended period of time; or
(g) visitation is in the best interest of the grandchild.
[
(3)
] 
(4)
 The adoption of a grandchild by the grandchild's stepparent does not diminish
or alter visitation rights previously ordered under this section.
[
(4)
] 
(5)
 Subject to the provisions of Subsections [
(2)
] 
(3)
 and [
(3)
] 
(4)
, the court may
inquire of the grandchild and take into account the grandchild's desires regarding visitation.
[
(5)
] 
(6)
 On the petition of a grandparent or the legal custodian of a grandchild the
court may, after a hearing, modify an order regarding grandparent visitation if:
(a) the circumstances of the grandchild, the grandparent, or the custodian have
materially and substantially changed since the entry of the order to be modified, or the order
has become unworkable or inappropriate under existing circumstances; and
(b) the court determines that a modification is appropriate based upon the factors set
forth in Subsection [
(2)
] 
(3)
.
[
(6)
] 
(7)
 Grandparents may petition the court to remedy a parent's wrongful
noncompliance with a visitation order.
(8) Unless the child is adopted by a nonrelative, when a parent's rights are terminated
under Title 78A, Chapter 6, Part 5, Termination of Parental Rights Act:
(a) the rights of a grandparent of a child are not extinguished; and
(b) a grandparent of a child may:
(i) bring an action or file a petition for visitation rights as described in Subsection (2);
or
(ii) file a petition for visitation rights in a pending adoption matter in juvenile court or
district court.
Legislative Review Note
 as of 1-22-15 1:51 PM
Office of Legislative Research and General Counsel