Legal Question in Family Law in Massachusetts

I have a 3 year old grandson who is currently living with a pre-adoption family. The parental rights of the parents have not been taken away as of yet. DCF is currently taking my grandson to visit his mother and father who are currently incarcerated. I have not seen my grandson in almost a year. Do I, as a grandparent, under MFL c.119, s39d, have the right for visitations?


Asked on 7/18/11, 10:08 am

1 Answer from Attorneys
Alan Pransky Law Office of Alan J. Pransky

It depends on the relationship you had with your grandson. How often did you see him? How much time did you spend with him? What did he think of you? If your relationship was so frequent and so substantial that it is harmful to keep the child away from you, then you should be able to have visitation. The question is "Will the child be harmed by not visiting you?" Of course, the lapse of one year goes against your argument. Have you requested visitation from DCF?

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Answered on 7/18/11, 11:18 am


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