Grandparents have the legal right to file for visitation of grandchildren in Massachusetts. However, a grandparent can’t simply file for visitation based on a general feeling that he or she doesn’t get to see a grandchild enough, or the relationship between a grandparent and parent is strained. Parents do have the authority to protect children from undue influence or harm if they believe a relationship with a grandparent will be detrimental. Despite that authority, Massachusetts courts do allow for visitation hearings that can result in the granting of visits, despite a parents objections.
Visitation or guardianship may be granted based on the following situations:
- The parents are divorced or separated
- One or both of the parents have died
- Parents can’t or won’t care for the child
- If paternity has been established and a paternal grandparent wants visitation
- If the denial of a relationship will result in harm to the welfare, safety, or health of the child
- If there was a significant relationship previously and denial of a future relationship or visitation will harm to the child
It is the responsibility of the grandparent to prove the denial of visitation or denial of a continued relationship will harm the child. That may be difficult to prove, but there are many success stories of grandparents fighting for and winning visitation, essentially protecting their grandparents’ rights. It may be necessary to secure the testimony of witnesses or professionals involved with the child, and gather evidence of the importance of a relationship between a grandparent and grandchild.
Experienced Family Lawyer
Family relationships and relations between generations can be complex, emotional, and difficult for an outside party to understand or relate to. When it comes to pursuing legal solutions as a means of protecting grandparents’ rights, having an experienced and compassionate attorney by your side can be a reassuring and comforting asset. Shapiro Law Group, PC, will take the time to understand your unique situation and help you pursue the best options, while we fight to protect your rights as a grandparent. The move to take legal action may be the most difficult decision you have ever made when it comes to family relations. Let us help guide you through this time and ensure you are protected and ensure your rights as a grandparent are respected.
The attorneys at Shapiro Law Group, PC, are ready to help you. Contact a Massachusetts grandparent’s rights attorney today to set up your free initial consultation. (339) 204-0068.