Legal Question in Family Law in Massachusetts
what are the visitation rights of the grandparent when the child ils in a foster home?
Asked on 11/06/09, 12:31 pm
1 Answer from Attorneys
Jane McGowan
McGowan Legal
the Massachusetts case Blixt v. Blixt, 437 Mass. 649 (2002). says " A parent's decision regarding grandparent visitation must be given "presumptive validity." To obtain visitation, "the grandparents must allege and prove that the failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare."
You have to show the court that you, the grandparents, have a deep and loving attachment with the child and the child with you. Further, that the child will be significantly harmed by not allowing you to visit the child and continue that relationship.
Answered on 11/12/09, 9:16 am