Callahan | Barraco
Callahan | Barraco

Solutions As Unique As The Problems They Solve

, Photo of attorneys Irena Inman, David L Callahan, Dahlia Bonzagni and Laurel A Barraco ,

Grandparents’ Visitation Rights In Massachusetts

Family dynamics are as diverse as the individuals who make them up. When it comes to grandparents’ rights in Massachusetts, no two cases are the same.

That is why, at Callahan | Barraco, we approach each situation with a strategy tailored to your unique circumstances. Our family law attorneys have the knowledge and compassion to navigate these sensitive matters. With multiple attorneys and offices across the state, we are well-positioned to support grandparents seeking to maintain a meaningful relationship with their grandchildren.

What Are My Rights As A Grandparent?

Massachusetts courts recognize grandparents’ visitation rights. However, the legal standards for a court to award visitation or custodial rights to a grandparent are very high and come with certain requirements. Generally, if the child’s biological parent does not want to let child’s grandparents visit, the court will respect this decision. Grandparents seeking visitation must demonstrate that it serves the child’s best interests, especially in cases where the parents are no longer able to care for the child or their status is unclear. The courts take into consideration the importance of the child’s relationship with their grandparents when making these decisions.

What Needs To Be Proven In Court To Be Granted Visitation With My Grandchildren?

To receive visitation rights, especially when the child’s parents are deceased or the status of the parents is unspecified, you must prove several factors in court:

  • You have a pre-existing relationship with the child
  • Having access to the child serves the best interests of the child
  • You can provide a stable and loving environment

If you decide to petition the court for court-ordered visitation, you must also demonstrate that failure to have visitation will cause undue harm to the child’s mental, physical or emotional health.

What If My Grandchild’s Parents Are Unmarried?

Establishing paternity is a necessary legal step to prove that you are a child’s biological grandparent. When a grandchild’s parents are unmarried, paternal grandparents must establish paternity to assert their visitation rights. This is sometimes the only legally recognized relationship between the grandchild and the paternal side of the family.

Ask Us About Massachusetts Grandparents Visitation Rights Today

At Callahan | Barraco, we are committed to helping you maintain the cherished connection with your grandchildren. Reach out to us at 508-271-7963 or send us an email to discuss how we can assist you in upholding your rights as a grandparent. We have offices in Westborough, New Bedford, Harvard Square, Mansfield, Braintree, Woburn, Dedham and Hyannis.