Legal Question in Family Law in Massachusetts
Grandparents Visitation Rights
My daughter left her 20 month old son alone sleeping in her bed with the doors unlocked while she went out to meet a friend. I am her mother who usually babysits for this child on the average of 4-6 times per week. Her younger sister hinted that the child may be alone and I drove over to find this to be true. I brought the baby to my house, left a note and cell phone voice mail for my daughter to let her know I had the baby and didn't hear from her until the next morning. My husband and I notified the father, unmarried and living on his own (not a perminent residence) for the past several months. He has visitation twice a week, and is unreliable. We thought that the baby would be safer with us but he wanted to give the baby back to my daughter and did. Worried about the baby's safety we reported this incedent to DSS and they supported our report and is in the next phase. She now severly limits us from seeing the baby, denies leaving the baby alone, and feels we are out to steal her baby. Other concerns are her pot smoking, leaving the baby alone in the car during naps, and verbal abuse. I was told that grandparents have no rights and that our chances of being awarded legal visitation would be slim or none. What can we do?
2 Answers from Attorneys
Re: Grandparents Visitation Rights
These are really serious issues. I am so glad, even though she is your daughter, that you reported this situation. Usually, if at all possible, I would advice trying to workout family matters within; however, if what you say is correct this baby is in serious jeopardy.
Although, grandparents rights are slim, if they find that your daughter and the baby's father to be unfit, it is possible to try and get legal guardianship.
What has the DSS done (based on the fact they found the allegations warranted)?
Please feel free to email me directly if you would like to discuss this further. My email address is [email protected] and my contact number is under my profile.
Sincerely, Maria Murber
Re: Grandparents Visitation Rights
Grandparents have limited rights, but visitation is one, although it has to be by petition to the probate court where any action concerning the child is pending, or where such action would be brought (Mass. General Laws, Chapter 119, section 39D), or if DSS takes custody of the child (119, s. 23). If DSS takes custody, it could place the child with you as special foster parents.
The state Supreme Court has limited the grandparental visitation right where the parent opposes it, although it left a small possibility that the court deciding on visits could overrule the mother's objections. (This does not apply if the child is in foster care.)
If you have solid evidence of neglect and abuse, and DSS does not act to protect the child, you can try applying for guardianship of the child.
I'm not sure why you brought the child to the father, instead of reporting the matter to DSS immediately, nor why (I assume) your younger daughter would know more about the 20-month-old being left alone than you. ("Her younger sister" has to refer to a sister of your daughter's, not to a younger sister of the 20-month-old.)
It does not look like any of you are acting without ulterior motives, but the child needs someone who has only the baby's interest in mind.
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