Massachusetts Grants Certain Grandparent Visitation Rights

November 25, 2011

Massachusetts Grants Certain Grandparent Visitation Rights

Children begin forming meaningful relationships very early in their lives. At a young age children rely on their parents for nearly everything they need, and they also begin to cultivate lifelong bonds with any siblings they may have. As they grow they form friendships with neighborhood children, classmates, as well as kids on their sports teams or any other organization they might be part of.

Each one of these relationships is essential to a child's growth and development, but one important relationship is often undervalued: the relationship a child has with his or her grandparent(s).

Grandparents can be very close with their grandchildren and many play a crucial role in their lives. However, there are times when these relationships are put at risk, such as when parents get divorced.

Realizing the importance of the grandparent/grandchild relationship, Massachusetts developed a process through which grandparents may be granted visitation rights to remain in their grandchild's life.

Grandparent Visitation Process

Visitation rights for grandparents are not absolute, so grandparents must obtain a court order to protect a relationship with their grandchildren. However, the circumstances are limited for grandparents who desire visitation rights. For example, according to the State of Massachusetts, a child must be an unmarried minor:
-Whose parents are married but living apart from one another or are divorced, or
-With one or more parents deceased, or
-Born out of wedlock, but the paternity of the father has been determined or acknowledged

Grandparents who are unsure of their eligibility should speak with an experienced family law attorney immediately to determine if they might qualify for visitation rights. Next, once eligibility is determined, grandparents file the proper paperwork and build their case showing why allowing them to visit is in the best interests of their grandchild.

This is accomplished by showing that a grandparent has been denied access to his or her grandchild, that a relationship exists -- or has existed -- between them, and that it is in the best interests of the child to continue that relationship. Courts look at many factors to determine if a child's best interests are served by granting visitation:
-Prior relationship and the physical/emotional health of all parties involved
-Reasons why parents denied prior visitation
-The relevance a grandparent had on a grandchild's emotional and academic growth


Courts will consider many other issues, as well as each family's unique circumstances. Any grandparent who wishes to maintain a relationship with their grandchild should speak with a qualified family law attorney immediately to discuss their rights and options moving forward.

Article provided by Andrew H.P. Norton
Visit us at http://www.anortonlaw.com