Massachusetts Petition for Grandparent Visitation

State:
Massachusetts
Control #:
MA-SKU-0068
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Description

Petition for Grandparent Visitation

The Massachusetts Petition for Grandparent Visitation is a legal document that is used to request court-ordered visitation rights for grandparents with their grandchildren. This petition is used when grandparents have been denied access to their grandchildren and need an order from the court to enforce the visitation. It is also used when grandparents are concerned about the well-being of the grandchildren and wish to have the court intervene. There are two types of Massachusetts Petition for Grandparent Visitation: a Petition for Visitation of Minor Child and a Petition for Visitation of an Adult Grandchild. The Petition for Visitation of Minor Child is used when the grandchild is a minor and the Petition for Visitation of an Adult Grandchild is used when the grandchild is an adult. The petition must be filed in the county where either the grandparent or the grandchild resides. The petition must include information on the grandparent's relationship with the grandchild, the grandparent's reasons for seeking visitation rights, and the grandparent's proposed visitation schedule. The court will consider the best interests of the grandchild when deciding if visitation should be granted.

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FAQ

It starts with filing a petition in the Massachusetts Probate and Family Court to obtain a temporary guardianship over the child. A temporary guardianship entitles the grandparents to take care of the child's health care, education, finances, physical security, and general well-being.

Unlike grandparents, aunts and uncles do not have any rights to visitation over a legal parent's objection.

Should you find yourself cut off from seeing your grandchildren, the best course of action is to get in touch with a professional mediator. These are independent organizations that help organise arrangements between family members when a resolution cannot be found.

A parent's decision regarding grandparent visitation must be given "presumptive validity." To obtain visitation, "the grandparents must allege and prove that the failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare."

Currently, all 50 states have some type of ?Grandparent Visitation Statute? through which grandparents can petition a court to grant them the legal right to visitation.

As of 2013, all US states have statutes that permit non-parents to ask a court to grant them the legal right to maintain ongoing contact with a child. In many states, these statutes explicitly name grandparents and great-grandparents as potentially eligible people.

In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.

Currently, all 50 states have some type of ?Grandparent Visitation Statute? through which grandparents can petition a court to grant them the legal right to visitation. Some states will grant visitation only if the child's parents are divorcing.

More info

Request a copy of the form "Petition for Grandparent Visitation" from your circuit county courthouse or the family court system in your county. The form's name may vary from state to state, but each state has a form that grandparents can use to request visitation rights through the courts.This means that they must file their own petition with a judge with the help of a family law attorney. Make sure your form states RESPONSE TO PETITION FOR GRANDPARENT VISITATION in the upper right hand part of the page. Decide what you want a court order for. In general, a grandparent seeking full care and custody of a grandchild may file a petition for custody with the court. The following is a list of the forms you will need. ➢ Summons, form SUM-100 (A separate form for each parent will be needed). Many states allow grandparents to have visitation rights and, in some situations, custody. Pursuant to RSA 461-A:13.

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Massachusetts Petition for Grandparent Visitation