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HOUSE DOCKET, NO. 535 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 1608
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Michael P. Kushmerek
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to great-grandparent visitation rights.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Michael P. Kushmerek3rd Worcester1/13/2023Vanna Howard17th Middlesex1/31/2023 1 of 2
HOUSE DOCKET, NO. 535 FILED ON: 1/13/2023
HOUSE . . . . . . . . . . . . . . . No. 1608
By Representative Kushmerek of Fitchburg, a petition (accompanied by bill, House, No. 1608)
of Michael P. Kushmerek and Vanna Howard relative to great-grandparent visitation rights. The
Judiciary.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 1719 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to great-grandparent visitation rights.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 119 of the General Laws is hereby amended by striking out section 39D and
2inserting in place thereof the following section:-
3 Section 39D. If the parents of an unmarried minor child are divorced, married but living
4apart pursuant to a temporary order or judgment of separate support, or if either or both parents
5are deceased, or if the unmarried minor child was born out of wedlock whose paternity has been
6adjudicated by a court of competent jurisdiction or whose father has signed an acknowledgement
7of paternity, and the parents do not reside together, the grandparents or great-grandparents of the
8minor child may be granted reasonable visitation rights to the minor child during his minority by
9the probate and family court department of the trial court upon a written finding that the
10visitation rights would be in the best interest of the minor child; provided, however, that the 2 of 2
11adjudication of paternity or acknowledgment of paternity shall not be required in order to
12proceed pursuant to this section where maternal grandparents or great-grandparents are seeking
13the visitation rights. No visitation rights shall be granted if the minor child has been adopted by a
14person other than a stepparent of the child and any visitation rights granted pursuant to this
15section prior to the adoption of the minor child shall be terminated upon the adoption without
16any further action of the court.
17 A petition for grandparent or great-grandparent visitation authorized pursuant to this
18section shall, where applicable, be filed in the county within the commonwealth in which the
19divorce or separate support complaint or the complaint to establish paternity was filed. If the
20divorce, separate support or paternity judgment was entered without the commonwealth but the
21child presently resides within the commonwealth, the petition may be filed in the county where
22the child resides.