Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H1925 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. 1644 FILED ON: 1/15/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 1925
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Norman J. Orrall
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:Norman J. Orrall12th Bristol1/15/2025 1 of 5
16	16	HOUSE DOCKET, NO. 1644 FILED ON: 1/15/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 1925
18	18	By Representative Orrall of Lakeville, a petition (accompanied by bill, House, No. 1925) of
19	19	Norman J. Orrall for legislation to improve visitation rights for grandparents. The Judiciary.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1712 OF 2023-2024.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act to improve grandparent visitation rights.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 Chapter 119 of the General Laws, as appearing in the 2020 Official Edition, is hereby
31	31	2amended by striking section 39D and inserting the following:-
32	32	3 Section 39D. Visitation rights of grandparents and relatives of unmarried minor children;
33	33	4eligibility, grounds for filing, “harm,” petition, process:
34	34	5 The grandparents or relatives to an unmarried minor child may be granted reasonable
35	35	6visitation rights during the child’s minority by the probate and family court department of the
36	36	7trial court upon a written finding that such visitation rights would be in the best interest of the
37	37	8minor child. No such rights shall be granted if said minor child has been adopted by a person
38	38	9other than a stepparent of such child, and any visitation rights granted pursuant to this section 2 of 5
39	39	10prior to such adoption of the said minor child shall be terminated upon such adoption without
40	40	11any further action of the court.
41	41	12 (a) Eligibility. Grandparents or other relatives may petition the court when: (i) one or
42	42	13both of the minor child’s parents are deceased; or (ii) the minor child’s parents are divorced; or
43	43	14(iii) the minor child’s parents are married but living apart; or (iv) the minor child’s parents are
44	44	15under a temporary order or judgment of separate support; or (v) the minor child was born out of
45	45	16wedlock, the child’s parents never married and are living apart, and the petitioning
46	46	17grandparent/relative can establish child’s father has signed an acknowledgment of paternity or a
47	47	18court of competent jurisdiction has adjudicated paternity. Such adjudication of paternity or
48	48	19acknowledgment of paternity shall not be required under this section for maternal grandparents
49	49	20seeking such visitation rights; or (vi) the minor child’s parents are married but there is a
50	50	21compelling state interest to protect against harm (or abuse) to the child’s health, safety, or
51	51	22welfare which shall include the child’s physical, mental, emotional, spiritual, and/or moral
52	52	23development.
53	53	24 (b) Grounds to grant visitation. The court shall grant visitation upon an agreement of the
54	54	25parties, or if after a hearing on the merits, the court finds: (i) the child is dependent, neglected, or
55	55	26abused in the parent’s care; or (ii) there was a significant and positive relationship between the
56	56	27grandparent/relative and minor child, and it is in the best interest of the child; or (iii) there is no
57	57	28significant relationship, but it is in the child’s best interest because curtailment or termination of
58	58	29contact will result in significant harm to the child’s health, safety and welfare. This shall include
59	59	30protecting the welfare of a child who has experienced a disruption in the family unit from harm;
60	60	31or (iv) the parent is deceased; or (v) the parent objects to the visitation, however, the petitioner
61	61	32has demonstrated by clear and convincing evidence that the objection is unreasonable and serves 3 of 5
62	62	33the child’s best interest, and has demonstrated by a preponderance of the evidence that the
63	63	34visitation will not substantially interfere with parent/child relationship; or (vi) the child resided
64	64	35with the grandparent/relative who were primary caregivers for not less than 6 consecutive
65	65	36months; or (vii) the minor child’s parents are, or in the past have been, involved in dissolution,
66	66	37child custody, legal separation, annulment or parentage proceedings involving said child. No
67	67	38residency requirements shall be needed for the grandparents or relative.
68	68	39 A grandparent/relative shall not be required to present the testimony or affidavit of an
69	69	40expert witness in order to establish a significant existing relationship with the minor child or that
70	70	41the loss of the relationship is likely to cause significant emotional harm to the child. Instead, the
71	71	42court shall consider whether the facts of the particular case would lead a reasonable person to
72	72	43believe that there is a significant existing relationship between the grandparent and grandchild or
73	73	44that the loss of the relationship is likely to occasion significant emotional or other harm to the
74	74	45child.
75	75	46 (c) Harm. The following factors shall be considered in determining the existence of harm
76	76	47to the minor child: (i) the length and quality of the relationship, (ii) the grandparent’s/relative’s
77	77	48role in the child’s life, (iii) emotional ties between the grandparent/relative and minor child, (iv)
78	78	49whether the filing party has had ongoing contact or has tried to have ongoing contact with the
79	79	50child, (v) a child’s preference (assuming the child is mature enough and holds reasonable and
80	80	51legitimate reasons when rejecting a parent), (vi) the parent’s relationship with the child’s
81	81	52grandparent/relative, (vii) whether the grandparent/relative visitation interferes substantially with
82	82	53the parent/child relationship, (viii) whether there was a preexisting significant existing
83	83	54relationship, (ix) whether one parent is deceased or missing, and (x) whether a parent is unfit. 4 of 5
84	84	55 There shall be a presumption of emotional harm when: (i) the child has had such a
85	85	56significant existing relationship with the grandparent/relative that breaking it off is likely to
86	86	57inflict significant emotional harm on the child or cause other direct and significant harm to the
87	87	58child; or (ii) the grandparent/relative functioned as the child’s primary caregiver such that ending
88	88	59the relationship could result in the child’s daily needs not being met which could cause physical
89	89	60and emotional harm to the child, or (iii) there is the death of a parent.
90	90	61 (d) Petition. A Petition for Grandparent/Relative Visitation authorized under this section
91	91	62shall, where applicable, be filed in the county within the commonwealth in which the divorce or
92	92	63separate support complaint or the complaint to establish paternity was filed. If the divorce,
93	93	64separate support, or paternity judgment was entered without the commonwealth but the child
94	94	65presently resides within the commonwealth, said petition may be filed in the county where the
95	95	66child resides.
96	96	67 (e) Process. After a petition is filed in Family Court, the respondents in the petition must
97	97	68be personally served with a summons including a copy of the petition. When return of service
98	98	69has been returned to the court, the case shall be referred to mediation. If there has been a finding
99	99	70of domestic violence or a no contact order is pending concerning the parties, there will not be a
100	100	71mediation unless the victim’s attorney requests a mediation and is present. In such cases, the
101	101	72petition shall be docketed by the court for a timely hearing.
102	102	73 At the mediation, the mediator will assist the parties in coming to an agreement or
103	103	74defining the issues which the parties cannot agree upon. If the parties are able to come to an
104	104	75agreement, a stipulated agreement shall be written, signed by the parties, and immediately
105	105	76provided to the court for approval and issuance of a modified order of visitation. If mediation is 5 of 5
106	106	77unsuccessful, the petitioner shall have the court docket the petition for a full hearing which shall
107	107	78take place no later than 60 days from the initial mediation date.
108	108	79 Subsequently, if either party files a Motion to Modify Visitation, the case shall be
109	109	80referred to mediation (unless bypassed because of a finding of domestic violence or there is a
110	110	81pending no contact order). In such cases, the petition shall be docketed by the court for a timely
111	111	82hearing.
112	112	83 If the parties are able to come to an agreement, a stipulated agreement shall be written,
113	113	84signed by the parties, and immediately provided to the court for approval and issuance of a
114	114	85modified order of visitation. If the mediation is unsuccessful, the petitioner shall have the court
115	115	86docket the petition for a full hearing which shall take place no later than 60 days from the initial
116	116	87mediation date.