Senate advances bill expanding grandparents' visitation rights after extended debate

The Utah Senate moved House Bill 136 to the third-reading calendar on March 2, 1998, after extended floor discussion of how the measure would affect existing visitation schedules and cases involving adoption or termination of parental rights.

Sen. Maine, sponsor on the floor, said the bill expands grandparents' ability to seek court-ordered visitation beyond the contexts of death or divorce if the court finds visitation is in the child's best interest and the petitioner is a fit person. Supporters said the change responds to cases in which grandparents had played a custodial or supportive role but were later denied contact.

During questioning, Sen. Hilliard asked whether the statute would allow grandparents to obtain extra visitation in ways that could compound existing time granted to a noncustodial parent. The floor explored scenarios where a father has regular visitation and his parents then petition for added time; Sen. Maine said the court retains discretion to reach a reasonable result. Senators also queried whether adoption or termination of parental rights would bar grandparents from petitioning; the sponsor noted the statute's language excludes petitions after adoption or termination but said members would continue to refine the language.

The Senate recorded a roll-call placing HB136 on the third reading calendar with 27 ayes and two absent. Sponsors and questioners indicated they would continue discussing statutory language before final passage to ensure the bill avoided unintended consequences for custodial schedules and adoptions.