Legal Question in Family Law in Massachusetts
court question
When going to court in Mass to discuss scheduled visitations, Can you bring up anything else that you would like to change even if it's not on the original paperwork to the court? For example the father filed for scheduled visitations but his mom said she has grandparents rights also, can she go with him and ask for visitations? Or does she have to file her own claim? Also can I stop at anytime and ask for a lawyer if I don't like what's happening?
2 Answers from Attorneys
Re: court question
Grandparent visitation requires a separate petition and a high threshold. You should seek an attorney's assistance.
Re: court question
Generally speaking, a grandparent must file a separate action to assert his/her rights. There is a statute in Massachusetts that is very specific as to how and when a grandparent may get visitation.
The grandparent may file the necessary paperwork the same day as the hearing but generally there is a requirement that there must be service upon you. Please understand though, nothing is a guarantee. This statute may be of use: http://www.mass.gov/legis/laws/mgl/119-39d.htm
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