Utah Court Case: In re B.B.

State of Utah, in the interest of B.B., a person under eighteen years of age. K.S. and K.S., Appellants, v. S.H. and G.H., Appellees. 

COURT OF APPEALS OF UTAH 

2002 UT App 82; 45 P.3d 527; 443 Utah Adv. Rep. 45

March 21, 2002, Filed 

COUNSEL:
Brook J. Sessions, Provo, for Appellants. 

Leslie W. Slaugh, Provo, for Appellees.

Martha Pierce, Salt Lake City, Guardian Ad Litem. 

JUDGES:
Before Judges Billings, Greenwood, and Orme. Orme dissenting. 

OPINIONBY:
Pamela T. Greenwood 

OPINION:

(For Official Publication)

GREENWOOD, Judge:

K.S and K.S. (the Parents) are the adoptive parents of B.B. They appeal a juvenile court order asserting jurisdiction to enforce a pre-adoption visitation order issued in favor of S.H. and G.H., B.B.'s biological maternal grandparents (the Grandparents), after the Parents adopted B.B. The Parents also appeal the juvenile court's order awarding attorney fees to the Grandparents. Because we conclude the juvenile court lacked jurisdiction, we reverse both orders.
BACKGROUND

The parental rights of B.B.'s biological mother and father were terminated after the juvenile court determined B.B. was a neglected child. The Parents n1 and the Grandparents filed competing petitions for custody and guardianship of B.B. To resolve the dispute, the Grandparents agreed to withdraw their petition and allow the Parents to obtain custody in exchange for visitation rights. The Grandparents also agreed to support the Parents' adoption of B.B. The juvenile court then entered an order establishing a visitation schedule (the Pre-adoption Visitation Order) stipulated to by the parties. Seventeen days later, the juvenile court granted the Parents' adoption petition. The adoption decree did not mention the Pre-adoption Visitation Order or visitation in any form for the Grandparents.

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n1 . K.S. is the sister of B.B.'s biological father.

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After the Parents adopted B.B., they initially allowed the Grandparents to exercise visitation as specified in the Pre-adoption Visitation Order. Out of concern for B.B., however, the Parents terminated B.B.'s visits with the Grandparents. The Grandparents then filed an Order to Show Cause requiring the Parents to appear in juvenile court to show cause why they should not be held in contempt for not abiding by the Pre-adoption Visitation Order. The Parents filed a Motion to Quash the Order to Show Cause, claiming the juvenile court's jurisdiction ended when it granted the Parents' petition for adoption. The juvenile court denied the Motion to Quash and entered two separate orders: (1) Findings of Fact, Conclusions of Law & Order (the Visitation Order); and (2) Order of Attorney Fees and Judgment (the Attorney Fee Order). The Visitation Order asserted jurisdiction and granted the Grandparents visitation rights pursuant to the stipulated Pre-adoption Visitation Order. The Attorney Fee Order required the Parents to pay the Grandparents' attorney fees incurred for the Order to Show Cause. This appeal followed.
ISSUES AND STANDARDS OF REVIEW

The Grandparents argue that the Visitation Order is not final; thus denying this court jurisdiction. We determine whether an order is final as a matter of law. See In re M.W., 2000 UT 79, PP23-26, 12 P.3d 80. The Grandparents also contend that the Parents' appeal of the Attorney Fee Order was not adequately raised in the Parents' Notice of Appeal. We determine whether the Notice of Appeal is adequate to grant this court jurisdiction as a matter of law. See Jensen v. Intermountain Power Agency, 1999 UT 10,P7, 977 P.2d 474.

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