In Massachusetts, grandparents may petition the court for visitation rights with their grandchildren if their contact has been substantially limited to denied. This typically applies in situations where the parents are divorced, separated, or deceased. These laws intend to protect the child’s best interests while enabling grandparents to maintain a relationship with their grandchildren. An experienced Bristol County Child Custody Lawyer at the Law Offices of Cynthia L. Hanley, P.C., recognizes the complexities of family dynamics and the hurdles grandparents encounter when asserting their rights. Please continue reading as we explore the circumstances under which grandparents can seek visitation in Massachusetts. 

What Legal Standards Do MA Courts Use to Decide Grandparent Visitation?

Grandparent visitation in Massachusetts is granted only if the grandparents can demonstrate that the child would experience significant harm without it. This harm must be clearly evidenced, specific, and substantiated. While the court considers the bond between the grandparent and grandchild, as well as the child’s best interests, the parents’ decisions are generally presumed to be valid. Consequently, grandparents bear a high burden of proof, and visitation will only be ordered when there is a compelling reason to override the parents’ judgment and a strong emotional bond with the child.

Once a grandparent establishes their legal standing, the court will turn to the “best interest of the child” standard, which is the guiding principle that determines if visitation should be granted and to establish a schedule. Factors the court will consider include:

  • The nature and longevity of the existing bond between the grandparent and grandchild
  • The child’s age, and where appropriate, given their maturity, their expressed preferences regarding visitation
  • The physical and mental well-being of the child, parents, and grandparents
  • The geographical proximity between the grandparents’ residence and the child’s residence
  • The justification provided by the parents for their objection to visitation
  • Whether the grandparent fosters or obstructs the child’s relationship with their parents
  • Any demonstration of positive or negative effects that such visitation could have on the child’s welfare.

The court’s final determination will depend on whether a relationship with the grandparents, whether pre-existing or newly established, aligns with the child’s best interests.

When Do MA Courts Deny Grandparent Visitation?

Grandparent visitation may be denied in Massachusetts if the petitioner fails to demonstrate a “compelling reason” or “good cause,” especially when the child’s well-being is not jeopardized and a significant pre-existing relationship is absent. It is important to note that courts are hesitant to overrule a fit parent’s decision, so a petition is likely to be denied if the child’s parents constitute an intact family unit and there is no particular justification to override their judgment.

At the Law Offices of Cynthia L. Hanley, P.C., we are prepared to evaluate your case and build a strategy that aligns with Massachusetts law. Contact our firm today to schedule a consultation.