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Massachusetts Petition for Grandparents Visitation
State:
Massachusetts
Control #:
MA-CJ-D-105
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PDF
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FAQ
You do not have an automatic legal right to see your grandchild if a parent stops you seeing them.You can try to get help in seeing your grandchild through: an informal, family-based arrangement with both parents. mediation.
The parents of the child in question have the legal right to deny any grandparent visitation rights.Third parties would include grandparents. However, some states allow grandparents to request visitation rights if the nuclear family has been disrupted in some way, such as in cases involving divorce.
Courts also must balance parent's prerogative to deny the grandparent's visitation against the positives of the grandparent having visitation. If a child is 14 or older, the judge will also consider the child's opinion on grandparent visitation.
First, you can petition the court to terminate the visitation rights. Second, in some states you can stop grandparent visitation by adopting the child if you are a step-parent. In order to properly proceed with terminating grandparent visitation, you should meet with a qualified family law attorney.
The law does not give grandparents any automatic rights to see their grandchildren. So, in almost every case, parents can keep children away from grandparents if they choose to.Parents might try to prevent their children from seeing grandparents because the grandparents are trying to intervene.
In Massachusetts, children can't decide where they will live until they are at least 18 years old. However, Massachusetts courts must consider a child's custodial preference when the child is mature enough to have a rational opinion.
Grandparents only have the right to ask for visitation. They do not have a guaranteed right to visit and see their grandchildren. If you currently have a visitation court order, you have the right to have that order enforced.
Grandparents' Visitation Rights Thankfully, grandparents have a legal right to petition the court for visitation rights as long as they can show that such visitation is in the best interests of the child. Court-ordered visitation for grandparents applies when the parents are:Married but living apart with a court order.
