Legal Question in Family Law in Massachusetts

I am a maternal grandmother of 2 children( I am currently in CA and he in MA but was instructed to send this to someone in MA as father is a resident) whose daughter died 4 years ago. It was not until recently that my son in law changed after seeing a therapist. I cannot talk to them, trying to find out where they are is a chore in itself. They only thing he will say to anyone is that they are with his parents (supposedly)but will not say where. I have attempted many times to reach him by text him many times to request to speak to the g/c, sent him letters, to no avail. I even kept my mobile number the same. This is so not like him and I am very upset that he has turned his back on us. We were once close and now that does not seem to be the case. These g/c have been a part of our lives for 4 of the last 6 years and can't imagine my life without them. I am at a quandry and do not know what to do? What are my rights under the law if any? I know I cannot order him to make me talk to my g/c, but pleading does no good. We truly love them and miss talking to them. Is there anything I can do?


Asked on 12/19/12, 10:25 am

2 Answers from Attorneys
Alan Pransky Law Office of Alan J. Pransky

I am sorry to inform you that you have no rights to contact these children. While Massachusetts does have a law for grandparent visitation, you would not qualify under this law because the law has been restricted to cases where the grandparents have such significant prior contact with the children that they have been acting as the parents or the equivalent. It appears that you do not.

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Answered on 12/19/12, 11:04 am
Laurie Martucci Wagner Law Associates LLC

Under Massachusetts law, grandparents have the right to petition the court for visitation with their grandchildren. The court looks at several factors to determine whether to order visitation for the grandparent, including their past relationship with the child. The court will also consider the reasons presented by the parent for not wanting their children to visit with the grandparents. If the court orders visitation, then the parent must comply. If the parent does not comply, he is in contempt of court. Therefore, the court can order your son-in-law to allow you to talk to your grandchildren. You would need to locate your son-in-law before you could file an action in court but it is usually not that difficult to locate someone. Since you are in California, you will certainly need to retain an attorney if you want to proceed in this matter. If you would like additional information, feel free to contact me at 508-528-4007, ext. 14.

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Answered on 12/19/12, 11:10 am


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