Most courts give great deference to the parents of children in child custody matters, and grandparents are awarded custody of their grandchildren only under limited circumstances.
For example, if both parents are unfit to have custody of their children, or if both parents are deceased, or if one parent is deceased and the other is in prison, grandparents may petition the court for custody of their grandchildren.
And grandparent visitation rights vary from state to state, and are often conditioned on certain circumstances, such as when the child’s parents are divorced, separated, or deceased.
In Utah, the law generally upholds the principle that parents have the primary right to the care, custody, and control of their children. Grandparents may be awarded custody in certain circumstances, but these are exceptions rather than the rule. For instance, grandparents may petition for custody if both parents are deemed unfit, if both have passed away, or if one is deceased and the other is incarcerated. As for visitation rights, Utah Code provides that grandparents may petition the court for visitation under specific conditions, such as when the parents are divorced, separated, or one or both parents are deceased. The court will consider the best interests of the child, the grandparent's relationship with the child, and the rights of the parents among other factors when making a decision on custody or visitation.