Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1712 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3280 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1712
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Norman J. Orrall, (BY REQUEST)
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to improve grandparent visitation rights.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Maureen Martowska1/20/2023 1 of 5
16	16	HOUSE DOCKET, NO. 3280 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1712
18	18	By Representative Orrall of Lakeville (by request), a petition (accompanied by bill, House, No.
19	19	1712) of Maureen Martowska for legislation to improve visitation rights for grandparents. The
20	20	Judiciary.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act to improve grandparent visitation rights.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby
30	30	2amended by striking section 39D and inserting the following:-
31	31	3 Section 39D. Visitation rights of grandparents and relatives of unmarried minor children;
32	32	4eligibility, grounds for filing, “harm,” petition, process:
33	33	5 The grandparents or relatives to an unmarried minor child may be granted reasonable
34	34	6visitation rights during the child’s minority by the probate and family court department of the
35	35	7trial court upon a written finding that such visitation rights would be in the best interest of the
36	36	8minor child. No such rights shall be granted if said minor child has been adopted by a person
37	37	9other than a stepparent of such child and any visitation rights granted pursuant to this section
38	38	10prior to such adoption of the said minor child shall be terminated upon such adoption without
39	39	11any further action of the court. 2 of 5
40	40	12 (a)Eligibility. Grandparents or other relatives may petition the court when: (i) one or
41	41	13both of the minor child’s parents are deceased; or (ii) the minor child’s parents are divorced; or
42	42	14(iii) the minor child’s parents are married but living apart; or (iv) the minor child’s parents are
43	43	15under a temporary order or judgment of separate support; or (v) the minor child was born out of
44	44	16wedlock, the child’s parents never married and are living apart, and the petitioning
45	45	17grandparent/relative can establish child’s father has signed an acknowledgment of paternity or a
46	46	18court of competent jurisdiction has adjudicated paternity. Such adjudication of paternity or
47	47	19acknowledgment of paternity shall not be required under this section for maternal grandparents
48	48	20seeking such visitation rights; or (vi) the minor child’s parents are married but there is a
49	49	21compelling state interest to protect against harm (or abuse) to the child’s health, safety, or
50	50	22welfare which shall include the child’s physical, mental, spiritual, and moral development.
51	51	23 (b)Grounds to grant visitation. The court shall grant visitation upon an agreement of
52	52	24the parties or if after a hearing on the merits, the court finds: (i) the child is dependent, neglected,
53	53	25or abused in the parent’s care; or (ii) there was a significant and positive relationship between the
54	54	26grandparent/relative and minor child, and it is in the best interest of the child; or (iii) there is no
55	55	27significant relationship, but it is in the child’s best interest because curtailment or termination of
56	56	28contact will result in significant harm to the child’s health, safety and welfare. This shall include
57	57	29protecting the welfare of a child who has experienced a disruption in the family unit from harm;
58	58	30or (iv) the parent is deceased; or (v) the parent objects to the visitation, however, the petitioner
59	59	31has demonstrated by clear and convincing evidence that the objection is unreasonable and serves
60	60	32the child’s best interest, and has demonstrated by a preponderance of the evidence that the
61	61	33visitation will not substantially interfere with parent/child relationship; or (vi) the child resided
62	62	34with the grandparent/relative who were primary caregivers for not less than 6 consecutive 3 of 5
63	63	35months; or (vii) the minor child’s parents are, or in the past have been, involved in dissolution,
64	64	36child custody, legal separation, annulment or parentage proceedings involving said child. No
65	65	37residency requirements shall be needed for the grandparents or relative.
66	66	38 A grandparent/relative shall not be required to present the testimony or affidavit of an
67	67	39expert witness in order to establish a significant existing relationship with the minor child or that
68	68	40the loss of the relationship is likely to cause significant emotional harm to the child. Instead, the
69	69	41court shall consider whether the facts of the particular case would lead a reasonable person to
70	70	42believe that there is a significant existing relationship between the grandparent and grandchild or
71	71	43that the loss of the relationship is likely to occasion severe emotional harm to the child.
72	72	44 (c) Harm. The following factors shall be considered in determining the existence of harm
73	73	45to the minor child: (i) the length and quality of the relationship, (ii) the grandparent’s/relative’s
74	74	46role in the child’s life, (iii) emotional ties between the grandparent/relative and minor child, (iv)
75	75	47whether the filing party has had ongoing contact or has tried to have ongoing contact with the
76	76	48child, (v) a child’s preference (assuming the child is mature enough and holds reasonable and
77	77	49legitimate reasons when rejecting a parent), (vi) the parent’s relationship with the child’s
78	78	50grandparent/relative, (vii) whether the grandparent/relative visitation interferes substantially with
79	79	51the parent/child relationship, (viii) whether there was a preexisting significant existing
80	80	52relationship, (ix) whether one parent is deceased or missing, and (x) whether a parent is unfit.
81	81	53 There shall be a presumption of emotional harm when: (i) the child has had such a
82	82	54significant existing relationship with the grandparent/relative that breaking it off is likely to
83	83	55inflict significant emotional harm on the child or cause other direct and substantial harm to the
84	84	56child; or (ii) the grandparent/relative functioned as the child’s primary caregiver such that ending 4 of 5
85	85	57the relationship could result in the child’s daily needs not being met which could cause physical
86	86	58and emotional harm to the child, or (iii) there is the death of a parent.
87	87	59 (d) Petition. A Petition for Grandparent/Relative Visitation authorized under this section
88	88	60shall, where applicable, be filed in the county within the commonwealth in which the divorce or
89	89	61separate support complaint or the complaint to establish paternity was filed. If the divorce,
90	90	62separate support, or paternity judgment was entered without the commonwealth but the child
91	91	63presently resides within the commonwealth, said petition may be filed in the county where the
92	92	64child resides.
93	93	65 (e) Process. After a petition is filed in Family Court, the respondents in the petition must
94	94	66be personally served with a summons including a copy of the petition. When return of service
95	95	67has been returned to the court, the case shall be referred to mediation. If there has been a finding
96	96	68of domestic violence or a no contact order is pending concerning the parties, there will not be a
97	97	69mediation unless the victim’s attorney requests a mediation and is present. If mediation is
98	98	70bypassed, the petition shall be docketed by the court for a timely hearing.
99	99	71 At the mediation, the mediator will assist the parties in coming to an agreement or
100	100	72defining the issues which the parties cannot agree upon. If the parties are able to come to an
101	101	73agreement, a stipulated agreement will be written, signed by the parties, and timely provided to
102	102	74the court for approval and issuance of an order of visitation. If mediation is unsuccessful, the
103	103	75petitioner shall have the court docket the petition for a full hearing at a later date.
104	104	76 If either party files a Motion to Modify Visitation, the case will be referred to mediation
105	105	77(unless bypassed because of a finding of domestic violence or there is a pending no contact
106	106	78order). If mediation is bypassed, the petition shall be docketed by the court for a timely hearing. 5 of 5
107	107	79If the parties are able to come to an agreement, a stipulated agreement will be written, signed by
108	108	80the parties, and timely provided to the court for approval and issuance of a modified order of
109	109	81visitation. If the mediation is unsuccessful, the petitioner shall have the court docket the motion
110	110	82for a full hearing at a later date.