D.A. v. D.H.
2014 UT App 138
| Utah Ct. App. | 2014Background
- Grandparents sought custody of their infant granddaughter after the mother died.
- The parents were an unmarried couple; the father later established paternity and moved in with Child.
- Mother largely resided with the Grandparents before her death; Child then stayed with Grandparents for 17 days after death before moving to Father.
- Grandparents filed a petition under Utah’s Custody and Visitation for Persons Other than Parents Act.
- Juvenile court held that Grandparents did not meet the factors to rebut the parental presumption as to Father.
- Court affirmed the juvenile court’s decision denying Grandparents custody under the Act.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of 'the parent' in subsection (2)(g). | Grandparents—'the parent' means the absent/absent-from-life parent. | Father—the parent whose decisions are challenged; must be found absent or abusive/neglectful. | The parent refers to the parent whose presumption is being rebutted; no error by the juvenile court. |
Key Cases Cited
- In re M.E.P., 2005 UT App 227 (Utah App. 2005) (jurisdictional standards for statutory interpretation; reliance on plain language when unambiguous)
- World Peace Movement of America v. Newspaper Agency Corp., 879 P.2d 253 (Utah 1994) (statutory interpretation requires plain language first; legislative history only if ambiguous)
- State v. Maestas, 2002 UT 123 (Utah 2002) (statutory interpretation; read as a harmonious whole)
- In re M.C., 940 P.2d 1229 (Utah Ct.App. 1997) (parental rights; restriction on government interference; fit parent rationale)
- Troxel v. Granville, 530 U.S. 57 (2000) (parental rights are a fundamental liberty interest)