Grandparent Visitation

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In some families, grandparents play a vital and deeply supportive role in a child’s life. But when parents separate, divorce, or experience conflict, these relationships can become strained — and grandparents may find themselves suddenly cut off from their grandchildren.

Massachusetts law allows grandparents to petition the court for visitation rights, but only in specific circumstances, and with a high burden of proof. At Sousa Family Law, we are here to help grandparents understand their legal options and advocate for continued, meaningful relationships with the children they love.
 

Even if one of the qualifying conditions exists, grandparents must meet a strict legal standard. They must prove that:

1. They have a significant pre-existing relationship with the child, and
    
2. Denying visitation would cause the child significant harm, particularly emotional or psychological harm
    

This standard was established to protect parental rights, following U.S. Supreme Court and Massachusetts Supreme Judicial Court decisions.

✅ It is not enough to show that grandparent visitation is in the child’s best interest — the grandparent must show that harm would result if visitation is denied.
 

To request visitation, a grandparent must:

• File a Petition for Grandparent Visitation in the Probate and Family Court
   
• Submit a detailed affidavit explaining their relationship with the child and the potential harm of denied contact
   
• Serve notice to both parents
   
• Possibly attend a court hearing or participate in mediation, depending on the court's approach
  

If one or both parents oppose grandparent visitation, the court will defer to their decision unless the grandparent presents compelling evidence that lack of contact would be harmful to the child. Courts are highly cautious when overriding parental autonomy, so these cases require careful preparation and strong legal advocacy.