356 P.3d 195
Utah Ct. App.2015Background
- O.G. was born to Mother (Winsome Grant) in 2005; paternity was established in court naming Bo Driggs (Father), Tina Lindsay’s son.
- Mother and her parents (Colin and June Grant) obstructed Father’s court-ordered visitation; Father last saw O.G. in mid-2007 and later died in 2008.
- Mother’s sister and brother-in-law (Sacha and Brett Walker) adopted O.G.; after adoption the Walkers denied Lindsay any visitation or contact.
- Lindsay sought statutory grandparent visitation and damages (including civil conspiracy) against Mother, the Grants, the Walkers, and attorney Wilkinson.
- The district court dismissed the grandparent-visitation petition on standing grounds because adoption vested parental rights in the Walkers and terminated the natural parent’s rights; it later granted summary judgment on remaining claims, including civil conspiracy.
- Lindsay’s Rule 60(b) motion to relieve the summary judgment (alleging counsel’s excusable neglect/medical impairment) was denied; she appealed both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether O.G.’s adoption eliminated Lindsay’s statutory standing to seek grandparent visitation | Lindsay: She remains a grandparent because Father’s parental rights were not terminated before he died and adopters were relatives | Defendants: Adoption vested parental rights in adoptive parents and terminated natural-parent (and thus grandparent) rights under adoption statutes | Court: Adoption extinguished Lindsay’s standing; statute permits post-adoption grandparent visitation only where stepparent adopts and prior court-ordered visitation exists |
| Whether the district court abused discretion in denying Rule 60(b) relief from summary judgment on civil conspiracy claim | Lindsay: Counsel’s medical condition caused deficient opposition; supplemental filing showed excusable neglect warranting relief | Defendants: No showing of excusable neglect; court observed attorney was capable and supplemental filing likely would not change result | Court: Denial of Rule 60(b) relief affirmed; no abuse of discretion shown |
Key Cases Cited
- Kasper v. Nordfelt, 815 P.2d 747 (Utah Ct. App. 1991) (discusses effect of adoption on grandparent visitation availability)
- Chesonis v. Brown, 153 P.3d 796 (Utah Ct. App. 2006) (adoption can remove statutory standing to seek visitation)
- In re B.B.M., 514 N.W.2d 425 (Iowa 1994) (contrast treating nonrelative confidential adoptions as giving the child a fresh start)