I do not have a good relationship with my adult child, and she will not allow me to see my grandchildren. Under Massachusetts law, what visitation rights, if any, do I have? -- Various readers
The issue of visitation rights for grandparents is controlled by Massachusetts General Laws, c. 119, s. 39D. Grandparents may petition the probate and family court for visitation rights with their “unmarried minor” grandchildren if: (1) the parents are divorced, married but living apart, or under a temporary order or judgment of separate support; or (2) one or both parents are deceased; or (3) if the child was born out of wedlock, the parents do not reside together and the paternity of the child has been established by a court or by a signed acknowledgment. (Maternal grandparents may proceed under Section 119 even when the paternity has not been established.)
To gain visitation rights, the grandparent(s) must file a petition at the Probate and Family Court in the county in which the divorce or separate support complaint or the complaint to establish paternity was filed. The Grandparent(s) must demonstrate to the court that an order allowing visitation would be in the best interest of the child. Note, however, that Massachusetts law does not provide a mechanism for grandparents to obtain visitation rights in situations where the parents are alive, living together, and in agreement that the grandparent(s) should not see the child. In such cases, the only way the grandparent(s) can visit the child is if some agreement is reached with the parents. (Submitted by the Editor)
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How to terminate grandparent visitation order?
I need some guidance on my research. In this scenario, paternal grandparents had guardianship for half of child's life. Last year Mother, upon proving to be fit, was awarded full custody of said child contingent upon grandparent's visitation.
The mother does NOT wish to sever ties with paternal grandparents. She wants the CHILD to choose when to see grandparents, so not to leave it up to the court or grandparents to decide. Numerous times Child has displayed unwillingness in speaking with paternal grandparents on the telephone and going to their home. Child has expressed grandfather's method of discipline is harmful (Tightly holding child's arms and shaking). Child has been asked to NOT tell his mother about seeing his father while visiting with paternal grandparents. Mother is distraught.
Which particular aspects of cases in Massachusetts can I cite to "prove grandparent visitation statue violates the due process rights of parents to raise their children?"
Also What citiations can be used to terminate mandatory grandparent visitations after Mother was granted full custody of child? What can negate a Judge's authority over a ruling such as this above mentioned scenario?
I have acess to Lexis. I have been reading about Blixt V. Blixt, Troxel V. Granville. I just need to bring it home with the circumstances surrounding this scenario.
Thank you in advance.
grandparents visitation
This is not my area of specialty, and I know nothing about the constitutional arguments you raise. I would hire an attorney, or on your own, ask the family court to reevaluate the visitation in light of the child's wishes and the allegations of rough treatment. It may be possible to have a guardian ad litem appointed to look into the matter and to help the court determine whether the visitation is in the best interest of the child. Good luck.