Legal Question in Family Law in Utah

In Utah, if a stepmom divorces the father, can she get visitation rights? He has partial custody and she has helped raise the daughter from ages 3 to 13.


Asked on 2/13/14, 1:34 pm

1 Answer from Attorneys
Mckail Hamilton Mckail Hamilton

In Utah, there is a statute titled "Custody and Visitation for Persons Other than Parents Act" (Utah Code Section 30-5a). Whether the court will award custody and/or visitation rights depends on the particular facts.

In this case, the mother will need to illustrate that the court has a compelling state interest in awarding visitation rights to her. Considering the bond she likely has with the 13-year-old, she may have a strong case.

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Answered on 2/13/14, 1:57 pm


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