40-9-102. Grandparent visitation rights. (1) Except as provided in subsection (5), the district court may grant to a grandparent of a child reasonable visitation rights, including but not limited to visitation rights regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title. The department of public health and human services must be given notice of a petition for grandparent visitation regarding a child who is the subject of, or as to whom a disposition has been made during, an administrative or court proceeding under Title 41 or this title.
     (2) Visitation rights granted under this section may be granted only upon a finding by the court, after a hearing, that the visitation would be in the best interest of the child.
     (3) A person may not petition the court under this section more often than once every 2 years unless there has been a significant change in the circumstances of:
     (a) the child;
     (b) the child's parent, guardian, or custodian; or
     (c) the child's grandparent.
     (4) The court may appoint an attorney to represent the interests of a child with respect to visitation when the interests are not adequately represented by the parties to the proceeding.
     (5) This section does not apply if the child has been adopted by a person other than a stepparent or a grandparent. Visitation rights granted under this section terminate upon the adoption of the child by a person other than a stepparent or a grandparent.

     History: En. Sec. 2, Ch. 17, L. 1979; amd. Sec. 1, Ch. 616, L. 1983; amd. Sec. 1, Ch. 18, L. 1991; amd. Sec. 158, Ch. 546, L. 1995.