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Bill > H3842


MA H3842

MA H3842
Relative to grandparent visitation rights


summary

Introduced
08/17/2015
In Committee
11/04/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to the visitation rights of grandparents. The Judiciary.

AI Summary

This bill expands grandparent visitation rights by defining a grandparent as the parent of a child's mother or father, and allowing either maternal or paternal grandparents to seek visitation. Grandparents can file for visitation if one or both parents are deceased, the parents' marriage is dissolved, a parent has abandoned the child, the child was born out of wedlock, or even if the child is living with married biological parents who are still together, regardless of any strained relationship or parental prohibition. However, these rights are terminated if the child is adopted by someone other than a stepparent. The bill also permits grandparents to intervene in existing custody cases to seek visitation. When determining visitation, courts must consider if it's in the child's best interest, ensuring it doesn't endanger the child's health or emotional development, and will weigh factors like the grandparent's willingness to foster the child's relationship with parents, the child's preference if mature enough, the mental and physical health of all parties, evidence of domestic violence, and the parents' wishes. Visitation orders can be revoked or amended for good cause, with limitations on how often petitions can be filed, and courts may appoint a guardian ad litem at the grandparent's expense if they can afford it.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4706 (on 10/24/2016)

bill text


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