Massachusetts laws
MGL c. 119, § 26B Visitation rights to grandparent when a child is placed in foster care
MGL c. 119, § 39D Visitation rights to certain grandparents
Forms
Petition for grandparent(s) visitation (CJ-D 105), Probate and Family Court.
Petition for grandparent(s) visitation (JV-53), Juvenile Court.
Selected cases
Blixt v. Blixt, 437 Mass. 649 (2002)
A parent's decision regarding grandparent visitation must be given "presumptive validity." To obtain visitation, "the grandparents must allege and prove that the failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare."
Frazier v Frazier, 96 Mass. App. Ct. 775 (2019)
When the grandparent did have a preexisting relationship with the grandchildren, a judge must allow a parent's motion to dismiss when the petition does not "plausibly suggest that the children will be significantly harmed unless the mother's right to determine what is in her children's best interest is overridden."
Guardianship of Norman, 41 Mass. App. Ct. 402 (1996)
Statute requires judge to make specific and complete written findings that visitation is in child's best interests.
Martinez v. Martinez-Cintron, 93 Mass. App. Ct. 202 (2018)
When the grandparent did not have a preexisting relationship with the grandchildren, and a "grandparent's petition for visitation...does not sufficiently allege why visitation is necessary to protect the child from significant harm," a judge must allow a parent's motion to dismiss.
Sher v. Desmond, 70 Mass. App. Ct. 270 (2007)
Although there is a presumption of parental fitness to decide whether or not to involve grandparents in a child' life, the state has a compelling interest in protecting children from harm. In this case, the court applied the Blixt standard and held that while the grandmother had no previous relationship with the child, she may sue for visitation to protect the child from significant harm. "The grandmother's allegations [of abuse] rebut the presumption of the father's fitness, at the very least, to decide alone whether to permit visitation."
Troxel v. Granville, 530 U.S. 57, 147 L.Ed. 2d 49, 120 S.Ct. 2054 (2000)
In a 6-3 decision, the Court struck down a Washington state judge's granting of grandparent visitation over the wishes of a parent, but did not declare all such statutes unconstitutional. Both sides found supporting arguments in the six separate opinions the Court issued.
Web sources
Do grandparents have visitation rights in Massachusetts? DivorceNet by NOLO.
Learn about grandparents’ rights to court-ordered visitation with their grandchildren.
Grandparent and caretaker visitation rights, Nolo.com.
Provides a general introduction to the topic and a discussion of the Troxel decision.
Grandparent and kinship families: A journey of access to services and supports, Commonwealth Medicine, UMass Chan Medical School, October 2022.
Grandparent visitation, Mass. Legal Help, 2024.
Explains in clear language when and how a grandparent can ask for a court order for visitation.
Grandparents raising grandchildren, Mass. Executive Office of Elder Affairs.
Learn more about the Commission on the Status of Grandparents Raising Grandchildren.
"Grandparents, you are not alone" informational series, Mass. Commission on the Status of Grandparents Raising Grandchildren, 2019.
A series of one-page tip sheets that "may answer some of your questions about complicated issues such as alcohol and drugs, custody, when DCF is involved and more."
Massachusetts Commission on the Status of Grandparents Raising Grandchildren
"The Commission’s primary purpose is to serve as a resource to the Commonwealth on issues affecting grandparents and all relatives raising grandchildren." Includes links to legal resources.
Print sources
"After Troxel v. Granville: grandparent visitation in Massachusetts," by Fern L. Frolin and Jennifer A. Fabriele. 44 Boston Bar Journal 8 (September/October 2000).
“Cause of action by grandparent to obtain visitation rights to grandchild,” 51 Causes of Action 2d 573.
"The extent of grandparent visitation in New England," by Erik Shaughnessy. 24 Massachusetts Family Law Journal 64 (June-July 2006).
Family law advocacy for law and moderate income litigants, 3rd ed., MCLE, 2018. Chapter 9, pp. 291-293, Grandparents' rights.
"Grandparent visitation rights in Massachusetts after Troxel: Blixt v. Blixt," by Jeffrey J. Trapani. 38 New England Law Review 759 (Spring 2004).
"Grandparents' visitation rights where child's parents are deceased, or where status of parents is unspecified." 69 ALR5th 1.
"Grandparents' visitation rights where child's parents are living." 71 ALR5th 99.
LexisNexis practice guide. Massachusetts family law, annual, LexisNexis, Section 8.17 Grandparent Visitation.
Massachusetts divorce law practice manual, 4th ed., MCLE, loose-leaf. Section 11.8 Rights of Grandparents and Others.
Massachusetts domestic relations, 5th ed., LexisNexis, 2012 with supplement. Sections 8-101-8-104 Visitation With Grandparents.
Massachusetts Practice:
- vol. 1-3 (Family law and practice: with forms) 4th ed. Thomson Reuters, 2013 with supplement, §§ 8:10, 64:2, 87:11. 87:28.
- vol. 5A (Methods of practice, with forms) 4th ed. West Group, 2000 with supplement, §§ 26:7-26:8.
- vol. 14B (Summary of basic law) 5th ed. Thomson Reuters, 2014 with supplement, § 8:269.
- vol. 22 (Probate law and practice: with forms) 3rd ed. Thomson Reuters, 2019 with supplement, § 47:13.
- vol. 44A (Juvenile law) 2nd ed. Thomson/West, 2006 with supplement, § 3.22.
Paternity and the law of parentage in Massachusetts, 3rd ed., MCLE, Section 9.9 Grandparent Visitation; Exhibit 9V – Petition for grandparent(s) visitation; Exhibit 9W – Answer to complaint for grandparent visitation.
Practitioner's guide to state intervention in the family, MCLE, 2023.
Contact for Massachusetts law about grandparents' visitation rights
Online
| Last updated: | March 13, 2024 |
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