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grandparent rights

my ex-mother in law (husband died a year ago) wants to take me to court for visitation rights to my 3 year old daughter I do not want her to see her she has my daughter call her mom and speaks badly of me to her anything I can do?

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Massachusetts General Laws Chapter 119, Section 19D provides that grandparents may petition the Probate and Family Court for visitation rights with their grandchildren only under the following conditions: (1) the grandchild is a minor, (2) the grandchild is not married, (3) the parents are divorced, married but living apart, or under a temporary order or judgment of separate support; or (4) one or both parents are deceased; or (5) 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. So, in your case, the grandmother has grounds to petition for visitation.

In addition to above requirements the grandparent must demonstrate to the Court that an order of visitation would be “in the best interests of the child.” At the hearing you have to opportunity to demonstrate that a grandparent visitation order is not in the best interests of your child, but that doesn’t sound likely from what you have said. You can ask the Court for specific times, places, and conditions of a visitation order. You can tell the court about your concerns that the grandmother has your three-year-old call her “mom.” Tell the Court this is confusing to your daughter, and ask that a condition of visitation be that the grandmother not do this. You can also ask the court for a condition that the grandmother not speak negatively about you to your daughter. Ask the Court for any other reasonable conditions for grandparent visitation.

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