Grandparents’ Rights in Divorce: What You Need to Know

Divorce is tough on everyone, and when children are involved, the stakes are even higher. 

When a divorce occurs, grandparents often struggle to maintain relationships with the children they love. In Massachusetts, they can seek visitation rights in certain cases, but the process isn’t easy.

At Reade Law Firm, PC, we handle Divorce and Family Law, guiding clients through legal challenges while protecting their family’s best interests. If you’re worried about staying in your grandchild’s life after a divorce, knowing your rights is essential. 

Let’s break it down.

Grandparents’ Rights in Massachusetts

Massachusetts law provides a legal pathway for grandparents to request visitation with their grandchildren, but it’s not automatic. 

The statute that governs this issue—M.G.L. Chapter 119, Section 39D—lays out strict guidelines for when and how grandparents can seek court-ordered visitation.

Visitation vs. Custody

Before going any further, it’s important to understand what the law allows:

  • Visitation – This gives grandparents the legal right to spend time with their grandchild, even if the child’s parents object.
  • Custody – In rare cases, if a grandparent believes both parents are unfit, they may seek custody. However, courts set a very high legal standard for removing parental custody.

When Can Grandparents Request Visitation?

Grandparents can only petition for visitation in specific situations:

  • The parents are divorced
  • The parents were never married, but paternity has been established
  • One parent has passed away
  • The parents are legally separated
  • The parents are married but living apart under a court order

If none of these conditions apply, the court will likely dismiss the request.

The “Best Interests of the Child” Standard

Even if one of the above circumstances exists, the court won’t automatically grant visitation to grandparents. 

The judge must determine whether granting visitation is in the child’s best interests. This means grandparents need to show:

  • They have an existing, meaningful relationship with the child.
  • Losing that relationship would harm the child emotionally or developmentally.
  • The parent’s objections to visitation are not justified based on the child’s well-being.

What the Court Considers in Grandparent Visitation Cases

Massachusetts courts take many factors into account before deciding whether to grant visitation. Some of the most important considerations include:

  • The strength of the grandparent-grandchild relationship – A close, long-standing bond strengthens the case.
  • The child’s preferences – Older children may have their opinions considered.
  • The impact on the child’s emotional and physical well-being – The court looks for evidence that severing contact would cause harm.
  • The parents’ reasons for objecting – Judges typically respect parental authority unless the objections seem unfair or unreasonable.
  • History of abuse or neglect – If a grandparent has a concerning history, visitation may be denied.
  • Respect for parental authority – A grandparent must show they will not interfere with parenting decisions.

Each case is unique, and the judge weighs all these factors before making a ruling.

How to Petition for Grandparents’ Rights in Massachusetts

If you believe you have a strong case for visitation, you’ll need to petition the court and follow specific legal steps. Here’s what the process generally looks like:

  1. File a Petition – Submit the required legal forms to the Court.
  2. Notify the Parents – The parents must be formally served with a copy of the petition.
  3. Case Management Conference – The court may schedule a meeting to discuss the case early on.
  4. Evidence and Testimony – Grandparents must provide proof of an existing relationship and explain why visitation is necessary.
  5. Potential Trial – If parents object, the case may go to trial, where a judge will make a final decision.

In some cases, mediation can be a less confrontational way to resolve disputes. A neutral third party helps grandparents and parents reach an agreement without the need for court intervention.

 This can be a faster, less stressful option when both sides are willing to compromise.

Common Situations Involving Grandparents’ Rights

Grandparents seeking visitation often face difficult family dynamics. Here are some common challenges and how to handle them:

When One Parent Opposes Visitation

If one parent objects but the other is supportive, the case may be easier. However, if both parents refuse visitation, the legal challenge becomes tougher. Documenting the relationship with your grandchild and any attempts to stay involved can help.

When Grandparents Believe Custody Is Necessary

If a grandparent believes a child’s parents are unfit due to abuse, neglect, or addiction, they may seek custody. However, Massachusetts law presumes that a child’s parents are the best caregivers unless clear and convincing evidence proves otherwise. These cases require substantial proof and should not be pursued without legal counsel.

When Parents Relocate and Cut Off Contact

If a parent moves and prevents visitation, a grandparent may need to take legal action. Keeping records of past visits, text messages, and other forms of communication can help support a case for maintaining a relationship.

Protect Your Grandparent Rights in Massachusetts: Contact Reade Law Firm, PC

Understanding the legal system as a grandparent seeking visitation or custody can be overwhelming.

At Reade Law Firm, PC, we understand the emotional and legal challenges you’re facing. Our goal is to protect the relationships that matter most while ensuring that your rights are upheld.

If you need legal support in a grandparent rights case, our team is ready to help. We’ll guide you through the process, fight for your rights, and work toward the best possible outcome for your grandchild.

Call us today at (978) 767-8383 to schedule a consultation. Let’s discuss your situation and explore your legal options.