Grandparents may have difficulty maintaining relationships with their grandchildren following a divorce or a parent’s passing. In some cases, the surviving parent may restrict visitation rights. When this is the case, many grandparents wonder what their rights are and whether they can request court-ordered visitation with their grandchildren. If you are seeking visitation rights as a grandparent, you need our determined Bristol County Child Custody Lawyers to help you preserve your relationship with your grandchildren. Keep reading to learn when grandparents are entitled to request court-ordered visitation with their grandchildren in Massachusetts.
Do I have a legal right to grandparent visitation in Massachusetts?
If you are a child’s biological grandparent, you have a legal right to request visitation with your grandchildren. However, this is only in the event of a divorce or the death of a parent. In Massachusetts, the court honors the idea that parents are qualified to decide how their children devote their time. That said, the only time the court will consider a grandparent’s request for visitation over a parent’s objection is when it is to protect the child from harm. If you believe that your grandchild’s parent is unfairly denying you the ability to spend time with your grandchildren, you must demonstrate to the court that this interference with visitation will cause the child significant harm and adversely affect their overall welfare. To prove this, you must establish a substantial relationship with the child that provides emotional support. If you prove that spending time with you is in the child’s best interest, the court may grant your request.
To start the process, you must file a petition. In the petition, you must outline your proposed visitation schedule, including the days and times you wish to spend time with your grandchildren. Once the petition has been filed, you must notify everyone involved that you have filed for visitation or custody rights.
What if my grandchildren are adopted?
If your grandchildren have been placed for adoption, your visitation rights are terminated if they are adopted by someone other than a surviving parent’s new spouse. However, if they are placed in foster care, you still have the right to request visitation.
Furthermore, it is critical to note that grandparents can ask the court for visitation rights with their grandchildren regardless of whether the parents are married or unmarried. However, if the father has not established paternity, he must do so before you can exercise visitation rights.
If you seek visitation rights as a grandparent, contact our trusted Bristol County child custody lawyers. At The Law Offices of Cynthia L. Hanley, P.C., you can trust us to fight to help you maintain your relationship with your grandchildren.
