A Reliable Partner. An Experienced Adviser.

Photo of Ira C. Yellin

Can grandparents seek visitation rights?

On Behalf of | Dec 27, 2024 | Divorce

Grandparents often play a significant role in their grandchildren’s lives, providing love, care and support. However, situations can arise where visitation with grandchildren becomes complicated, especially in cases of divorce, family disputes or other family dynamics.

Many grandparents wonder if they have legal rights to visitation in Massachusetts. Understanding the legal landscape surrounding grandparents’ visitation rights is important for anyone facing this challenge.

Grandparents’ visitation rights

In Massachusetts, grandparents have the ability to seek visitation with their grandchildren, but such rights are not granted automatically. The law allows grandparents to request visitation if they can prove that it is in the best interest of the child. This request must be made through a court petition. The court considers various factors, including the child’s relationship with the grandparents, the reasons for the current lack of visitation and the overall impact on the child’s well-being.

The role of family circumstances

The right to visitation is not guaranteed, especially if the child’s parents are opposed to the arrangement. Massachusetts courts are generally inclined to respect parental rights and decisions regarding their children. However, in cases where the child has been significantly impacted by the absence of the grandparent, or if there are concerns about the child’s safety or welfare, the court may intervene to ensure visitation rights are granted in a way that benefits the child.

If you are a grandparent seeking visitation with your grandchild in Massachusetts, it is important to seek legal support, which can help you explore your options and understand the complexities of the law.