Your child is your world and it is fair enough to say, that the most common thing that is said that your child’s child is even more special to you. The precious moments that are spent with them are unforgettable and are very easy to come by when the parents are still together. It can be harder to get time with them however, when break ups and divorces are happening. So how do you get to spend as much quality time with your grandchildren as possible?
How can I receive visitation rights to my grandchildren?
In the state of Utah, they normally let the parent decide when and how often their children can interact with their grandparents. If, however you can present evidence to the court that their decision is wrong then you can get more visitation of your grandchild.
The basis that your child’s ex-partner is not a good parent will not be reason enough to gain visitation. Instead the court will consider the following:
- Whether you are a “fit and proper person” to have visitation;
- Whether your visitation with your grandchild has been unreasonably limited or denied altogether;
- Whether your grandchild’s parent is unfit or incompetent;
- Whether you have acted as your grandchild’s caregiver or custodian or had a substantial relationship with your grandchild such that losing that relationship is likely to harm your grandchild;
- Whether your child, who is the grandchild’s parent, has died or become a non-custodial parent through divorce or legal separation;
- Whether your child, who is the grandchild’s, parent has been missing for an extended period; or
- Whether visitation is in your grandchild’s best interest.
Even though your relationship with your grandchild was good, it still may not be enough to grant visitation. You need to prove to the court that visitation is in the best interest of the child.
Methods to ensure visitation rights
When you know that your child’s relationship is breaking, it might be ideal to have a word with your own child about visiting them in their own time, but also note you can also discuss this with the other side if your relationship with them is good. This would also be the best option to take if your child has unfortunately passed away and you are worried about having a relationship with your grandchild. Filing a petition to get your visitation rights should always be the last decision as it can cause a lot of angst not only between you and the other party but also for your grandchild.
The process of a divorce is traumatizing especially when children are involved and can turn out to be quite a complicated experience in the state of Utah. Which is where a Salt Lake City child custody lawyer that is well versed in Utah child custody law by your side is crucial. Find out your best options for a child custody lawsuit in Utah by contacting The Ault Firm. Call our offices at 801-539-9000 to schedule your consultation.
