Legal Question in Family Law in Massachusetts

grandson

i would like to know what are legal rights are to seeing our grandson in which our daughter is not letting see him


Asked on 10/13/08, 7:52 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: grandson

You have no such rights unless your daughter is an unfit parent. Grandparent visitation laws were essentially gutted by a 2001 plurality of the U.S. Supreme Court, which agreed on the general principal that fit parents have a Constitutional right to decide whether third parties, including grandparents, should have contact with their minor children. The Massachusetts statutes have implemented this by setting a high bar on allowing grandparent visitation cases to be filed, requiring affidavits and early decisions on whether the case should even be considered.

If your daughter is married to the child's father and both are fit, you have virtually no chance of being awarded visitation contrary to their decision.

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Answered on 10/14/08, 11:12 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: grandson

I think you posted this question already. You have certain limited conditional rights depending on the circumstances, none of which you stated

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Answered on 10/13/08, 9:35 pm


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