Utah Code Title 81. Utah Domestic Relations Code § 81-9-403. Visitation rights of grandparents

(a) a grandparent has standing to bring an action requesting visitation in district court by petition; and

(b) a grandparent may file a petition for visitation rights in the juvenile court or district court where a divorce proceeding or other proceeding involving custody and visitation issues is pending.

(2)(a) In accordance with Section 80-2a-201, it is the public policy of this state that a parent retains the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of a minor child of the parent.

(b) A court shall presume that a parent's decision in regard to grandparent visitation is in the best interest of the parent's minor child.

(a) the grandparent has filled the role of custodian or caregiver to the grandchild that:

(b) both parents are unfit or incompetent in a manner that causes potential harm to the grandchild.

(4)(a) If the court finds the presumption in Subsection (2)(b) is rebutted, the court may consider whether grandparent visitation is in the best interest of the grandchild.

(b) If the court considers whether grandparent visitation is in the best interest of the child, the court shall take into account the totality of the circumstances, including:

(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 Subsections (3) and (4).