Massachusetts Adoption Agreement Providing for Visitation Rights by Natural Grandparents

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US-01339BG
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In 2000, in the case of Troxel v Granville, the U.S. Supreme Court addressed the issue of third party rights to seek court-enforced time with children. Within this context, a "third party" is somebody other than the child's parents. The Washington State statute examined in Troxel was not technically a "grandparenting time" statute, as it allowed "[a]ny person" to petition for visitation rights at any time. The Supreme Court held that the Washington statute was overbroad. This decision made clear that there were certain prerequisites that grandparenting time statutes must meet in order to be constitutional.


Following Troxel, many state courts have addressed the constitutionality of their grandparenting time statutes, and many state legislatures have revisited (or are in the process of revisiting) their statutes, either following or in anticipation of court decisions finding them to be wholly or partially unconstitutional.

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FAQ

Grandparents may petition for visitation rights in either Probate & Family Court or District Court, depending on the circumstances. If granting visitation is in the best interest of the child, courts will typically grant some form of visitation rights to grandparents.

In Massachusetts, a parent can be deemed unfit if they have a history of abuse or neglect towards their child. This can result from physical, emotional, or sexual abuse and neglectful behaviors such as failing to provide for the child's basic needs.

All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.

Voluntary Post-Adoption Contract Agreements, or ?PACAs,? were created to provide a framework for enforceable post-adoption contact between the biological family members of an adopted child, the child, and the adoptive parents.

Generally speaking, child support continues until the age of 18. Under certain circumstances, the court may order payments to continue to age 21 if the child lives with a parent and is principally dependent on them for support.

Under Massachusetts law, a minor child, below the age of 18, cannot make the sole decision as to which parent they will live with. However, that's not to say that the judge in your case won't consider the child's preferences while deciding a custody arrangement.

There is nothing that states they can say when they no longer want to visit that other parent. They are children and will do as their parents tell them, by the guidelines set up in the child support, child custody and visitation agreements established by the Family Court of the Commonwealth of Massachusetts.

While there is no specific age when judges will consider a child's preference, judges tend to give the opinions of older teenagers more weight. A child below the age of 10 would need to be very mature for a Massachusetts judge to factor the child's preference into a custody decision.

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Massachusetts Adoption Agreement Providing for Visitation Rights by Natural Grandparents