Legal Question in Family Law in Massachusetts

Does a visitation order become void when minor guardianship becomes permanent?

I have or had a court order for visitation of my grandchildren every other weekend. The guardians have told me that the order is non-existant now that they have permanent guardianship and are refusing to allow me to pick up the kids. Is this true?


Asked on 8/18/08, 8:54 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

: Does a visitation order become void when minor guardianship becomes permanent?

One would have to read both orders. This is to see if the assertion is true.

You can always file for contempt, and let the court decide who is correct.

If you have more specific information, I can provide a more specific answer; so please contact me.

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Answered on 8/18/08, 9:10 pm
Gregory Lee Gregory P. Lee, Attorney at Law

Re: Does a visitation order become void when minor guardianship becomes permanent?

I believe that the guardians are probably -wrong- if you had already met the standards for grandparent visitation against the parent or parents. The guardianship would not trump the earlier judgment, because it related to the children and their best interest.

The guardianship says that a parent wasn't fit or able to handle the child. It does NOT say that all prior judgments about the importance of third parties in the children's lives were of no firther importance.

Note that I am assuming that what you call am "order" was a judgment under a separate case, and not a "temporary" order in the guardianship action. If it was the LATTER, the guardians are right -- any pre-judgment order not included in the final judgment was negated by the judgment.

The courts are going to have to suss this out, and you should engage an attorney. My answer is based on general understanding of the law, not specific research into this specific question.

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Answered on 8/18/08, 9:21 pm


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