§48-10-702. Proof required when action is not pending for
divorce, custody, legal separation, annulment or
establishment of paternity.
(a) If a petition is filed pursuant to section 10-402 when the
parent through whom the grandparent is related to the grandchild
does not: (1) Have custody of the child; (2) share custody of the
child; or (3) exercise visitation privileges with the child that
would allow participation in the visitation by the grandparent if
the parent so chose, the grandparent shall be granted visitation if
a preponderance of the evidence shows that visitation is in the
best interest of the child.
(b) If a petition is filed pursuant to section 10-402, there
is a presumption that visitation privileges need not be extended to
the grandparent if the parent through whom the grandparent is
related to the grandchild has custody of the child, shares custody
of the child, or exercises visitation privileges with the child
that would allow participation in the visitation by the grandparent
if the parent so chose. This presumption may be rebutted by clear
and convincing evidence that an award of grandparent visitation is
in the best interest of the child.