Divorce can be a difficult and emotional process for everyone involved, including grandparents. In Massachusetts, grandparents may have legal rights to visitation or custody of their grandchildren in certain situations. In this blog post, we will discuss the laws surrounding grandparent rights in Massachusetts divorce cases.
Under Massachusetts law, grandparents may petition the court for visitation rights with their grandchildren if the parents are divorced, separated, or if one or both parents have died. The court will consider the best interests of the child when making a decision on grandparent visitation.
In order to petition for visitation rights, the grandparent must show that:
It is important to note that the court will presume that a fit parent's decision to deny or limit grandparent visitation is in the best interests of the child. Therefore, the burden is on the grandparent to prove that visitation is in the child's best interests.
In some cases, grandparents may also petition the court for custody of their grandchildren. However, this is a much more difficult process than petitioning for visitation rights.
In order to petition for custody, the grandparent must show that:
The court will consider a number of factors when determining the best interests of the child, including:
It is important to note that the court will generally only award custody to a grandparent if both parents are found to be unfit or if there is a significant change in circumstances that makes it in the best interests of the child to live with the grandparent.
Grandparent rights in Massachusetts divorce cases can be complex and difficult to navigate. If you are a grandparent seeking visitation or custody of your grandchildren, it is important to consult with an experienced family law attorney who can help you understand your legal rights and options.
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