Massachusetts Grandparents, Know Your Rights Regarding Visitation and Custody of Your Grandchildren

When it comes to grandparents’ rights, Massachusetts laws can be tricky to navigate. However, grandparents do have financial, visitation, and custody rights under certain circumstances. To utilize such rights, legal assistance might be necessary to help you take action.

Grandparents today are frequently faced with decisions about what is best for their grandchildren under challenging situations. Whether seeking visitation or custody, grandparents can take legal recourse when it is in the best interest of the child/children.

Visitation Rights

Grandparents who are denied visitation with their grandchildren have a legal right to petition the court. However, grandparents are required to prove that such visitation is in the child/children’s best interests.

Under Massachusetts law, grandparents have the right to petition the court for visitation if the parents are divorced, living apart with a court-ordered separation, or are deceased. Additionally, if the parents never married, are living apart, and there is a court judgment acknowledging parentage, grandparents can file for visitation rights. Maternal grandparents can also request visitation if the parents were never married, and the father is not recognized as a legal parent.

Visitation may be granted if the grandparents can show it is in the child/children’s best interest, have a prior relationship with the child/children, and denying visitation may be harmful to the child/children’s health, safety, or welfare.

When petitioning the Probate and Family Court for visitation, grandparents are instructed to include a written affidavit. This statement is used to outline the grandparent-grandchild relationship and describe why contact has been changed. The affidavit is also where grandparents can convey to the court how a child’s health, safety, or welfare may be at risk if visitation is not granted.

Getting Custody

Any grandparent who feels the safety and well-being of their grandchildren is at risk has the right to petition for custody. Depending on the status of the parents, there are two different routes for filing a custody request.

Temporary guardianship or permanent custody may be requested through the Probate and Family Court when custody is necessary for a child’s safety. In the event children are orphaned due to the death of their biological parents, the Department of Children and Families steps in to arrange care. Grandparents can present their case to argue they are suitable guardians.

Financial Aid

For grandparents on strict budgets, financial programs offer relief when acting as surrogate parents for their grandchildren. Some options include:

  • food assistance through Women, Infants, and Children (WIC) for children age five and under.
  • grantee relative benefits at the Department of Transitional Assistance.
  • survivor benefits from Social Security if one or both of the parents are deceased.
  • MassHealth insurance, which also assists in childcare.

If you are struggling with visitation or custody rights as a grandparent, you need a knowledgeable family law attorney to exercise your rights and help you navigate tricky Massachusetts laws. Contact our office today to schedule a consultation.

Out of State Child Support Modification

Child Support and Out-of-State Issues

Whether one parent is living just over the Massachusetts border in New Hampshire but still commutes to Boston every day, or whether the one parent is living on the West Coast while the children live with the other on the South Shore, issues of state jurisdiction may come into play when seeking to modify a Massachusetts child support agreement.

Changing Circumstances, Modifying Orders

In Massachusetts, child support is governed either by temporary orders or by final judgements. Temporary orders govern the terms of child support while there is still open legal action in process to establish a final judgement.

The term “final judgement” is something of a misnomer. “Final” does not mean that the judgement can never be altered again. A child support final judgement may be renegotiated in the future. This can be done with the agreement of both parents, or one parent may file a complaint for modification if certain conditions are met. [Read more…]

Divorcing During COVID-19

When your relationship is already strained, living under quarantine conditions can quickly shed light on a troubled marriage. Whether you’ve been contemplating divorce for a while or the stress of recent events has become the straw to break the camel’s back, so to speak, our attorneys can help you understand the divorce process and your options.

During these unprecedented times, we are all taking a look at our lives and examining our relationships. Perhaps the tiny cracks in your relationship have turned into irreparable gaping holes. With a newfound outlook on how we see our futures, some couples may decide to part ways.

If you’re among those wondering if you can file for divorce during the covid crisis, the answer is yes. While we do not know when the Court will reopen to petition your divorce officially, we can get the ball rolling. [Read more…]

Protecting Assets in a Divorce

Divorce is as much a financial blow as it is an emotional one. Alimony and child support may take a large, even unreasonable amount out of your monthly paycheck. Conversely, if your income is much smaller than your soon-to-be-ex-spouse’s, or if you stayed at home to look after the family, you might find yourself in dire financial straits if you are not awarded a just settlement.

You deserve a divorce settlement that takes into account your circumstances and your contributions to the marriage— and financial, logistical, or emotional. In this article, you will find three steps to follow to protect your assets in divorce and reach the settlement that is best for you. [Read more…]

What factors do courts consider when determining child custody?

Courts primarily base their decision on what is in the child’s best interest, using the Child’s Best Interest Standard. Factors vary from state to state, but the overall goal is to make a decision that promotes the health and wellbeing of the child.

Parents are encouraged to come to an agreement on matters of child custody and visitation to submit to the court. However, if the judge finds the settlement agreement is not in the child’s best interest, it can be rejected.

Courts will generally determine the stability of each parent’s home environment and their interest and commitment to caring for the child. Other factors include the health of each parent, both physical and mental; the special needs of the child, if any; the child’s own wishes if they are old enough to say so; whether there is evidence of illicit drug use, or drug/alcohol abuse; and adjustment to the community, such as where they go to school, proximity to other caretakers, etc. [Read more…]

My Kids Hate the Custody Arrangement – What Can I Do to Change It?

Even in the best of circumstances, divorce can be difficult for children. Children are often resistant to change: adapting to new schedules and surroundings, learning to live with one parent at a time, and getting along with possible new stepsiblings or half-siblings are all big changes, ones which can challenge a child’s developing social skills and coping mechanisms. However, many, if not most, children with divorced parents eventually adapt and thrive, growing into healthy and well-adjusted adults.

There are cases, however, where a child’s discomfort with a custody arrangement goes beyond natural resistance to change, beyond the fairly standard complaints of “I don’t like it here” or “I like dad’s house better.”

Perhaps there is serious, ongoing, and frequent conflict between the child and one of the custodial parents, a conflict that makes living with that parent a deeply anxious situation for the child. Perhaps the conflict is with a stepparent or stepsibling and a child’s grades are dropping as a result of the distress. [Read more…]

Accessing Spouse’s Social Media Accounts During Divorce

While recognizing the hurt that comes with the breakdown of a marriage, and recognizing that marriages may break down due to the inappropriate behavior or abuse by a spouse, some behaviors and activities will not be viewed kindly by the family courts, and may even run afoul of the law. Spying or snooping on a spouse’s social media or digital presence for “dirt” is one such behavior.

With the rise of social media, people lead their lives as much online as offline. Digital lives can be accessed and assessed all in one place—a phone or a computer—and offer a rich source of information that could only be gleaned through extensive investigation in the real-world. Digital devices also contain sensitive, intimate information and communications that may never see the light of a real-time, physical day. This is information—evidence of infidelity, bank statements and the location of assets, backlogs of abusive text messages to a spouse—that could prove very damaging to the owner in a divorce case. [Read more…]

Snooping on Your Spouse in a Massachusetts Divorce

As thoughts turn towards divorce, tempers can flare and people may behave in ways they normally would not be proud of, even in a relatively amicable situation. Of course, the bad behavior of a spouse—ranging from neglect of household duties to infidelity to abusive actions—may well have begun long before the divorce, and may well be the reason for it.

In seeking a favorable divorce settlement, one that compensates you for violations of the marriage contract and shields you from your spouse’s ongoing bad behavior, you will want to have evidence to bolster your claims. In a world of smart phones, where everyone has both a video camera and a broadcasting station in their pockets, you may be tempted to record your spouse’s bad behavior. [Read more…]

Child Custody And The Holidays

The winter holidays may be the most wonderful time of the year, but they are also a top contender for the most stressful time of the year. Regardless of family structure, holiday gatherings and visits can be contentious. Under the stress of cleaning and cooking and visiting in-laws, even close-knit nuclear families, amicably divorced co-parents, or happily mixed step-families might experience some tension and conflict around this time of the year.

Given the stress of preparing for holidays, and the emotions invested in family celebrations, it is more important than ever for there to be good channels of communication about scheduling. When child custody agreements are involved, communication is even more important, especially if custody arrangements or their enforcement have been contentious issues in the past.

Many shared custody agreements drawn up as part of the divorce settlements will specify holiday visitation and custody rights for each parent. For example, one parent may have the children for Thanksgiving and New Year’s, with the other parent having Christmas and the surrounding days. In the next year, the parents might swap time periods, following an alternating schedule laid out in the custody agreement. [Read more…]

An Amicable End to Marriage

There are options available for couples who wish to bring an amicable end to their marriage.. Two of these processes, which aim to dissolve a marriage through teamwork and mutual respect, are collaborative divorce and mediation. For a couple looking for alternatives to litigation, each has its own pros and cons.

Collaborative divorce originated in the Midwest in the 1990s. In just thirty years, however, it has become a recognized method in the United States, the United Kingdom, and throughout the British Commonwealth. In a collaborative divorce, attorneys for each partner meet to discuss custody issues, alimony, and asset division. The “collaboration” between the attorneys, each working in the best interest of  their respective client, is intended to produce a divorce settlement that both parties can agree on and benefit from. [Read more…]

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