Grandparents And Visitation
G.L. c. 119, § 39D — when the parents are apart, a written finding of the child's best interest
In Massachusetts, grandparents may be granted reasonable visitation with an unmarried minor child by the probate and family court, on a written finding that visitation is in the child's best interest, where:
- The parents are divorced, married but living apart, or under a temporary order or judgment of separate support.
- Either or both parents have died.
- The child was born to parents who do not live together, with paternity adjudicated or acknowledged, though maternal grandparents need neither.
Ended by an adoption. No visitation is granted once the child has been adopted by someone other than a stepparent, and visitation granted earlier ends on that adoption without further action of the court.
The petition is filed in the county where the divorce, separate support or paternity case was filed, or, for a judgment from outside the state, where the child lives. How courts apply the best interest finding is case law, not reproduced here.
Sources for this section (1)
- G.L. c. 119, § 39D — Grandparents' visitation rights
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Massachusetts attorney.