In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Massachusetts Petition by Grandparent for Visitation Rights With Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
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Multi-State
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US-01121BG
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How to fill out Petition By Grandparent For Visitation Rights With Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
Grandparent alienation is a type of elder abuse, a term for the mistreatment of older people in a society. It occurs when grandparents are unreasonably denied meaningful opportunities to have a relationship and spend time with their grandchildren.
As a parent, the law is on your side when it comes to restricting or denying visitation to grandparents or to anyone else in your children's lives who is not a legal parent. As a parent, it is your fundamental right to be able to make such decisions.
Grandparents have no legal right to make important decisions for the child. With power of attorney from parents, grandparents' custody is strengthened. Parents can take the child back and terminate power of attorney at any time. Parents still have full legal rights.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
In general , grandparents cannot file for visitation rights while the grandchild's parents are married with the following exceptions: a) The parents are living separately and apart on a permanent or indefinite basis b) A parent's whereabouts are unknown (and have been for at least a month) c) One of the parents joins ...
So, a grandparent must, at the beginning of the case, file an Affidavit along with the Petition for Grandparent Visitation. The Affidavit must explain in detail the significant harm that will come to the child in the absence of court-ordered visitation.
Parental alienation If alienation is suspected or alleged, your judge will likely assign a parenting evaluator or guardian ad litem (GAL) to the case. A parent who alienates their child from the other parent could lose some or all of their custodial rights.
Grandparents may petition for visitation rights in either Probate & Family Court or District Court, depending on the circumstances. If granting visitation is in the best interest of the child, courts will typically grant some form of visitation rights to grandparents.