D.A. v. D.H.

Opinion

PEARCE, Judge:

1 1 The appellants sought custody of their infant grandchild after their daughter, the infant's mother, passed away. Under Utah's Custody and Visitation for Persons Other than Parents Act, the grandparents needed to rebut the presumption that the father of the infant had the fundamental right and duty to exercise primary control over the care, supervision, upbringing, and education of his child. The Act allows that presumption to be rebutted by clear and convincing evidence of several factors. One of the statutory criteria can be satisfied with evidence that "the parent…