The answer tends to be more complicated than yes or no. The short version is maybe, and that comes with limitations and conditions. As a visitation attorney in Salt Lake City, we can tell you how to get visitation rights, and what circumstances might keep you from getting them.

How Can You Gain Visitation Rights as a Grandparent in Utah?

When your child tells you that they’re getting divorced, your immediate concern is probably for their welfare, but after that, you may start to wonder how it will affect the relationship you have with your grandkids. Is there a legal solution that can be applied during the divorce case to make sure you get a fair amount of time with them? Unfortunately, the answer is no. Divorce proceedings only pertain to the rights of the splitting couple, and not to third parties.

If you want to pursue your rights, you’ll need to file a petition for visitation with the juvenile court. However, it’s more complex than simply filing a petition and hoping the judge will award visitation based on the fact that you clearly love your grandchildren.

In Utah, visitation is based on what is in the child’s best interests. It’s generally assumed that what the parent decides regarding grandparent visitation is what is best. However, if you and your visitation attorney in Salt Lake City can present contrary evidence that shows that what the parent wants is not actually in the child’s best interests, you could be awarded visitation rights. Courts will take the following into consideration when making their decision:

• Whether the child’s parent is incompetent or unfit;
• Whether you are a “fit and proper person” who deserves visitation;
• Whether the parent has cut off or unreasonably limited your visitation with your grandchild;
• Whether your child, as the parent, has passed away or become non-custodial due to legal separation or divorce;
• Whether your child, as the parent, has been absent for a prolonged period;
• Whether you have acted as a custodian or caregiver for the child or had a strong enough relationship with them that the loss would cause them emotional harm; or
• Whether visitation with your grandchild is in their best interest.

Even if you have a strong bond with your grandchildren, you may not be awarded visitation. A grandparent’s rights cannot supersede a parent’s rights to make decisions for their child unless denying visitation can be shown to harm to the child.

What Can You Do to Gain Visitation?

The first thing you need to do if you fear losing visitation with your grandchild is to talk to your child about spending time with grandchildren during their parenting time. If your child is unwilling to split that time with you, or they have limited parenting time, you have the option of filing for grandparent visitation, but it may alienate you from your grandchildren’s parents. Before starting a court case, think of the strain it could put on your innocent grandchild.

If your child has passed away or disserted their family and you’re afraid of losing your connection with your grandchild, the best idea is still to go right to their remaining parent. He or she may be welcoming to the idea of additional assistance and support from another devoted adult in the child’s life and be willing to work out an arrangement. By dealing with the parent directly instead of simply serving them with a lawsuit, the idea is less threatening.

If a compromise isn’t possible between you and your grandchild’s parent because of a poor relationship, filing a visitation petition with the help of a visitation attorney in Salt Lake City may be your only option. To do so, you’ll have to prove to the juvenile court that your grandchild’s parent is neglectful or abusive, which can be difficult.

By working with an ethical and experienced lawyer at the Ault Firm, you’ll have someone to sensitively advocate for you without unnecessarily straining relationships, as well as give you an objective evaluation of the likelihood of your success. Call us at 801-539-9000 to schedule a meeting with a family law attorney.

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You may find yourself in a situation where your former spouse gains full custody of your child. However, this does not mean that the other parent can keep you from seeing your child. You may need to find a child custody and visitation attorney in Salt Lake City. At the Ault Firm, we are ready to help you.

Types of Visitation

When you go through a divorce involving a child, many terms will be brought up at once. Unfortunately, some people find themselves losing physical custody of their child. If the other parent involved gets sole physical custody, it may seem like you have no options when it comes to seeing your child anymore. Worse, the other parent may tell you that you are not allowed to see your child.

Unless ordered by a judge, you do not lose your visitation rights.

There are a few types of visitation options available to you: unsupervised visitation, supervised visitation, and virtual visitation.

Unsupervised visitation is the most common. This is where the parent who does not have physical custody of the child is able to take the child on outings or to their home for specific periods of time.

Supervised visitation may be ordered and requires that the parent who does not have physical custody must have another responsible adult present while the visit is taking place. The parent who has custody is usually allowed to select the responsible individual, and this is often a family friend or grandparent. Sometimes, the responsible party must be a social worker or a court-ordered designee.

Virtual visitation utilizes video-conferencing technology and is an option available for non-custodial parents who may not live close to their child. While this is not ideal, it does provide a form of contact with the child.

Importance of Visitation

Visitation is an important part of the aftermath of parental separation. The child is likely confused by everything that has happened, and it is generally agreed upon that having both parents in the child’s life helps. Continuity and normalcy is a child’s life is important, and visitation is one way to help accomplish that.

We recognize that two parents may not get along well at all. The parent who gains sole physical custody may try to keep the other parent away, not because they want their child to not know them, but because they are genuinely emotional about the separation. This does mean it is okay to keep the non-custodial parent out of the child’s life.

If you’ve been denied visitation with your child by your former spouse, you may need to find a child custody and visitation attorney in Salt Lake City. The Ault Firm understands these situations and wants to help you navigate them as delicately as possible, while also ensuring your rights are upheld. You can contact us by clicking here or calling 801-539-9000

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The process

While it is difficult knowing what to do under such circumstances, it’s a great opportunity to improve your parenting skills. It just takes time getting to know your baby’s way of communicating. The process is even more difficult for the non-custodial parent. But you must learn to trust the process. You will know what a certain cry means and will be able to figure out the best solution immediately.

The problem is when your former spouse comes in the picture. After all, the baby needs him too. Just remember the way your ex bonds with the baby may not be the same so you must be willing to accept parenting differences.

Baby steps

You may have to start with frequent visits so that your ex also has an opportunity to bond with the baby. Short visits a few times a week are generally best. Talk to your former spouse about important details such as feeding and sleeping routines. Make sure the visitation works for everyone, but above all it supports your baby’s needs.

Overnight visitation

This type of visitation is very convenient for non-custodial parents so they can spend more time with the baby while the custodial parent catch up on some sleep. But courts may not order this type of visitation until the child is 3 years old. It is important you ask your attorney about the overnight laws in your state and whether they apply to your specific situation.

The problem with breastfeeding moms

It can be even more difficult for breastfeeding moms to come up with the best visitation schedule. Perhaps you want longer visits but your former spouse is resistant. Other challenges such as having difficulty pumping can also get in the way making it almost impossible to determine the best arrangement for both parents.

If you are the non-custodial parent and your former spouse is coming up with excuses for you not to see the baby, talk to her. Is it just breast-feeding problems or are there other issues involved? Perhaps she is open to pumping breast milk that way you can spend more uninterrupted time with the baby. You can also supplement formula if that’s necessary.

So what’s the best visitation schedule?

The most important thing is to be consistent and allow frequent visits. Your attorney can help you establish the visitation schedule that meets your family’s needs. After all, developing a lasting relationship with your kids should be the goal.

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