Co-parent with confidence
Use our Free Co-parenting App
In the Bay State, grandparents hold significant legal ground, with statutes like MGL Chapter 119 § 39D granting visitation rights and MGL Chapter 119 § 26B providing avenues for custody in cases of parental unfitness. This blog post provides tips that include gathering evidence, seeking legal guidance, and prioritizing the child's well-being. With knowledge, resources, and unwavering love, Massachusetts grandparents can secure their cherished relationships with grandchildren in these legal waters.
Related:
Massachusetts law recognizes the vital role grandparents play, offering pathways for visitation and, in specific situations, even custody. Here are some key legal codes to keep afloat:
Yes. In exceptional circumstances, Massachusetts law recognizes the crucial role grandparents can play as primary caregivers. Here's when grandparents might set sail for custody:
Remember, these legal waters can be turbulent, requiring careful navigation. Here are some essential tips to stay on course:
Troxel v. Granville, 530 U.S. 57, 147 L.Ed. 2d 49, 120 S.Ct. 2054 (2000)
In a 6-3 decision, the Court invalidated a Washington state judge's grant of grandparent visitation against a parent's wishes but did not declare all similar statutes unconstitutional. The Court's six separate opinions provided supporting arguments for both sides.
Blixt v. Blixt, 437 Mass. 649 (2002)
In matters of grandparent visitation, a parent's decision is accorded "presumptive validity." For grandparents to secure visitation, they must assert and demonstrate that denying it would significantly harm the child, adversely impacting their health, safety, or welfare.
Sher v. Desmond, 70 Mass. App. Ct. 270 (2007)
While there is a presumption of parental fitness in deciding whether grandparents should be involved in a child's life, the state's compelling interest in protecting children from harm prevails. The court, using the Blixt standard, allowed the grandmother to sue for visitation, acknowledging that her allegations of abuse rebutted the presumption of the father's fitness.
Guardianship of Norman, 41 Mass. App. Ct. 402 (1996)
Statutory requirements mandate that a judge provides detailed, written findings asserting that visitation is in the child's best interests.
Frazier v Frazier, 96 Mass. App. Ct. 775 (2019)
When a grandparent had a preexisting relationship with the grandchildren, a judge is obligated to grant a parent's motion to dismiss unless the petition convincingly suggests that the children would suffer significant harm unless the mother's right to determine their best interests is overruled.
Martinez v. Martinez-Cintron, 93 Mass. App. Ct. 202 (2018)
In cases where there was no preexisting relationship between the grandparent and grandchildren, and the petition fails to sufficiently demonstrate why visitation is necessary to protect the child from harm, a judge must grant a parent's motion to dismiss.
Warning: This post is neither financial, health, legal, or personal advice nor a substitute for the advice offered by a professional. These are serious matters, and the help of a professional is recommended as it can impact your future.