Legal Question in Family Law in Massachusetts
How do I go about filing for Grandparents Visitation?
My daughter-in-law has stopped letting me see my grandchildren. My son stops by once in while, has one child with him (there are 3 at this house) lets them see me for 10-20 mins then leaves or I happen to see them with Dad at local store - Walmart. It has been close to 2 years now, she ignores me. My son said he doesn't know what is going on or he's playing dumb so not to get in middle.
My grandchildren ages are 7, 5, 4. Before this, I was allowed to see the grandchildren when I wanted & the oldest one use to come visit & sleep over for 2 - 3 days at a time.
I need to mention too, that my son also has another son age 3 with another woman. My daughter-in-law has nothing to do with this other woman, will not acknowledge my son's youngest son & will not allow the other 3 grandchildren to know, visit or acknowledge their baby 1/2 brother. I would like mediation meeting or court order visitation with my three grandsons, whom I love very much & I want to see. The youngest grandson, I have unlimited visits anytime, I just call & pick him up. I have sent my daughter-in-law a written letter requesting a meeting place, date, time to speak with her as to why I cannot visit with my grandsons anymore. She will not reply at all. HELP!
1 Answer from Attorneys
Re: How do I go about filing for Grandparents Visitation?
PROTECTION OF CHILDREN
Chapter 119: Section 39D Visitation rights to certain grandparents of unmarried minor children; place to file petition
Section 39D. If the parents of an unmarried minor child are divorced, married but living apart, under a temporary order or judgment of separate support, or if either or both parents are deceased, or if said unmarried minor child was born out of wedlock whose paternity has been adjudicated by a court of competent jurisdiction or whose father has signed an acknowledgement of paternity, and the parents do not reside together, the grandparents of such minor child may be granted reasonable visitation rights to the minor child during his minority by the probate and family court department of the trial court upon a written finding that such visitation rights would be in the best interest of the said minor child; provided, however, that such adjudication of paternity or acknowledgment of paternity shall not be required in order to proceed under this section where maternal grandparents are seeking such visitation rights. No such visitation rights shall be granted if said minor child has been adopted by a person other than a stepparent of such child and any visitation rights granted pursuant to this section prior to such adoption of the said minor child shall be terminated upon such adoption without any further action of the court.
A petition for grandparents visitation authorized under this section shall, where applicable, be filed in the county within the commonwealth in which the divorce or separate support complaint or the complaint to establish paternity was filed. If the divorce, separate support or paternity judgment was entered without the commonwealth but the child presently resides within the commonwealth, said petition may be filed in the county where the child resides.
If your situation falls under the statute, go to the probate court where divorce or custody was decided and ask for the form to get grandparent's visits. Complete and file it, have a copy served on the mother, and take it up with the judge. She may surprise you by alleging sexual assault to keep the visits from happening.
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