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Family Law: Grandparents' Visitation Rights
Visitation rights of grandparents
Since 1972, Massachusetts Law has provided for visitation rights to certain grandparents of unmarried children.
A statute in Massachusetts, referred to as Massachusetts General Law Chapter 199, Section 39D provides for visitation rights under the following circumstances:
- If the parents of the child are divorced, married but living apart, or under a temporary order or judgment of separate support.
- If either or both parents are deceased.
- If the child was born out of wedlock and the paternity of the child has been established by a court or the father has signed an acknowledgment of paternity.
The statute further provides that no such visitation rights will be granted if the minor child has been subsequently adopted by a person other than a stepparent.
In order to obtain any such visitation rights, a grandparent would be obligated to file a petition in the Probate Court located in the county where the divorce, separate support complaint, or paternity complaint was filed. If judgment on these complaints was entered out of state and the child currently resides in Massachusetts, the petition for visitation may be filed in the county where the child currently resides. The grandparent filing would be required to demonstrate to the judge that such visitation would be "in the best interest" of the child.
The information provided here is given as a general outline on the legal topic selected and should not be construed as legal advice which can only be given by an attorney. If you need an attorney and do not know of one in your area, you can contact the Massachusetts Bar Association's Lawyer Referral Service at (617) 654-0400 in Boston or 1-800-392-6164 from outside the city. For TDD service for the deaf you can call (617) 338-2625.
Masslawhelp is a public service of the Massachusetts Bar Association.Posted on Apr 27, 2000 |
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