D.A. v. D.H.

No. 20120756-CA.

329 P.3d 828 (2014)

2014 UT App 138

D.A. and S.A., Petitioners and Appellants, v. D.H., Respondent and Appellee.

Court of Appeals of Utah.

June 19, 2014.


Attorney(s) appearing for the Case

Daniel R. Cragun , J. Jarom Bishop , Ryan J. Stanger , and Colby B. Vogt , for Appellants.

Steven C. Russell , for Appellee.

Judge JOHN A. PEARCE authored this Opinion, in which Judges STEPHEN L. ROTH and MICHELE M. CHRISTIANSEN concurred.


Opinion

PEARCE, Judge:

¶ 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...

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