Grandparents’ Rights in Worcester County

Grandparent Visitation Guidance Grounded in Worcester County Court Experience

Grandparents seeking court-ordered visitation face a demanding legal standard and strict limits on when they may file. Burke Levy, P.C. represents grandparents, siblings, and other third parties involved in a family-law case concerning a child.

Our attorneys have more than 40 years of combined courtroom experience and have handled over 400 trials across Massachusetts. We maintain professional relationships with the Worcester County Probate and Family Court and understand its pre-trial conference and mediation procedures.

Call (508) 802-4546 to discuss your family circumstances and the legal options that may apply.

When Grandparents May Petition for Visitation in Massachusetts

Massachusetts grandparent visitation is governed by M.G.L. c. 119 § 39D. The statute doesn’t give grandparents automatic visitation rights. It identifies specific circumstances in which a grandparent may petition for reasonable visitation with an unmarried minor child.

A petition may be available when:

• The child’s parents are divorced.
• The parents are married but living apart under a temporary order or separate support judgment.
• One or both parents have died.
• The child was born outside marriage and the parents don’t live together.

When a child was born outside marriage, paternal grandparents must have paternity legally established before seeking visitation. Maternal grandparents don’t need a paternity adjudication. The statute doesn’t provide a path to court-ordered visitation when the parents are married, living together, and maintaining an intact household.

What Grandparents Must Prove to Obtain Visitation

A court considers the child’s best interests, but showing that visitation would be beneficial isn’t enough. Under Blixt v. Blixt, a grandparent must prove by a preponderance of the evidence that denying visitation would cause significant harm to the child’s health, safety, or welfare. This standard requires showing that the claimed facts are more likely true than not.

The court examines whether losing or being denied the grandparent-grandchild relationship would cause the required level of harm. A close bond can be relevant, but affection, regular contact, or a belief that the relationship benefits the child doesn’t automatically satisfy the standard.

The analysis depends on the family’s history and the effect that interrupted contact has had or may have on the child. We explain the standard in plain language, set realistic expectations, and provide clear direction about hearings and testimony without promising a result.