Legal Question in Family Law in Massachusetts
Grandparents Visitation Rights
My wife and I have been married 10-years, we recently had a baby in June, 2006 - My mother estranged for over 12-years has recently found out through a family member and has begun to press that family member for information about the child. It is our wish that she never see the child - as my wife and I understand, because we are happily married and living together - it seems she has no rights to visitation - is this true. Also the reasons for our decision in part is because she is both physically and mentally abusive, we are not really worried about legal action , but can she bring legal action against us anyway?
2 Answers from Attorneys
Re: Grandparents Visitation Rights
You should not be too worried.
Given the absence of contact by the grandparent, she would be hard put to press the issue. On the other hand, there is nothing you can do to stop her from filing an action for visits. Every person is entitled to file an action to pursue what they deem to be a valid claim. It is up to the court and you to challenge the validity of any filing.
There is case law that involve grandparental visitation. This should assist you in what to expect, and help you to better understand what your exposure may be.
You can either research this area, or get the assistance for this.
Should you have more specific questions or seek more help, please contact me.
Re: Grandparents Visitation Rights
Massachusetts is one of the few states that actually allows grandparent visitation. The court will allow grandparent visitation only when such visits are in the best interests of the child. What is in the best interests of the child is to be determined upon examination of all of the facts of the case.
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