Do grandparents have visitation or custody rights in Massachusetts?

In Massachusetts, grandparents do have the right to visit with their grandchildren, but only under certain circumstances. Grandparents will ordinarily be allowed visitation rights in Massachusetts if they can demonstrate to the court that they have had a preexisting relationship with the child that amounted to that of a de facto parent and that failure to order visitation would cause significant harm to the child. This is a very different standard than what the Court employs when looking at visitation as it pertains to the parents of the child and the burden on the petitioning grandparent is much heavier.

If the Court grants visitation with a grandparent and one parent objects to it, the visitation will likely need to take place during the parenting time of the non-objecting parent. Grandparent visitation cases can be difficult and the expertise of a skilled attorney is often necessary.