MGL c.119, § 39D Visitation rights to certain grandparents.
Petition for grandparent(s) visitation (CJ-D 105), Probate and Family Court. See also, Instructions for petition for grandparents visitation
Petition for grandparent(s) visitation (JV-53), Juvenile Court.
Selected case law
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."
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 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.
Grandparent and caretaker visitation rights, Nolo.com
Provides a general introduction to the topic and a discussion of the Troxel decision.
Grandparent visitation, Mass. Legal Help, 2011.
Explains in clear language when and how a grandparent can ask for a court order for visitation.
Grandparents raising grandchildren, Commonwealth of Massachusetts, 2019.
Learn more about the Commission on the Status of Grandparents Raising Grandchildren.
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.
Massachusetts grandparents’ rights, by Susan Adcox, May 23, 2019.
”Massachusetts is generally considered a restrictive state when it comes to grandparents' rights. In other words, grandparents suing to win visitation with their grandchildren face an uphill battle.”
A resource guide for Massachusetts grandparents raising their grandchildren, Executive Office of Elder Affairs, October 2013.
Knowing what services and programs are available and where to access information is essential in managing a new family situation and parenting responsibilities. This Guide was developed to assist grandparents and other kinship caregivers to locate and obtain needed resources.
"After Troxel v. Granville: grandparent visitation in Massachusetts," by Fern L. Frolin and Jennifer A. Fabriele. 44 Boston Bar Journal 8 (September/October 2000).
Child welfare practice in Massachusetts, MCLE, loose-leaf. Chapter 7, § 7.4.4 Visits with grandparents and others; Exhibit 7L –Motion for grandparent visitation.
"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.
Family law and practice: with forms, 4th ed. (Mass. practice v.1) Thomson Reuters, 2013 with supplement. § 8:10 Statutes governing care, custody and visitation of children.
Family law and practice: with forms, 4th ed. (Mass. practice v.2A) Thomson Reuters, 2013 with supplement. § 64.2, Visitation with grandparent.
Family law and practice: with forms, 4th ed. (Mass. practice v.3) Thomson Reuters, 2013 with supplement. § 87:11, Voluntary surrender of child into care of the department of children and families; § 87:28, Grandparents right to visit child placed in foster care.
"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.
Juvenile law, 2nd ed. (Mass. practice v.44A) Thomson/West, 2006 with supplement. § 3.22 Rights of grandparents.
Massachusetts divorce law practice manual, 4th ed., MCLE, looseleaf. Chapter 11, § 11.9 Rights of Grandparents and Others.
Massachusetts domestic relations, 5th ed., LexisNexis, 2012 with supplement. Chapter 8, Part O, Visitation with grandparents, § 8-100 Petition for visitation; § 8-101 Grandparents’ complaint for visitation; § 8-102 Complaints for visitation by de facto; § 8-103 Venue.
Methods of practice, with forms, 4th ed. (Mass. practice v.5A) West Group, 2000 with supplement. § 26:7, Visitation rights of grandparents; § 26:8, Complaint for grandparent(s) visitation-Form.
Paternity and the law of parentage in Massachusetts, 3rd ed., MCLE, 2018. Chapter 9, § 9.9 Grandparent Visitation; Exhibit 9V – Petition for grandparent(s) visitation; Exhibit 9W – Answer to complaint for grandparent visitation.
Probate law and practice: with forms, 3rd ed. (Mass. practice v.22) Thomson Reuters, 2019. § 47:13 Visitation by parents and grandparents.
Summary of basic law, 5th ed. (Mass. practice v.14B) Thomson Reuters, 2016 with supplement. § 8:269 Visitation rights-Grandparents.
|Last updated:||October 30, 2019|