An Act relative to visitation rights of grandparents

194th Legislature (2025-2026) Introduced by Patrick O'Connor

Allows courts to consider a preexisting grandparent relationship when deciding grandparent visitation if the state has custody or a non-parent has temporary guardianship, but does

Purpose

To expand the factors a court may consider when determining grandparent visitation in cases where the state has custody of a minor or a non-parent has been awarded temporary guardianship. The bill adds grandparent-related considerations to the “best interest of the child” standard, while explicitly stating that a preexisting grandparent relationship is not a prerequisite for visitation.

Key provisions

Amends Section 39D of Chapter 119 of the General Laws (as appeared in the 2014 Official Edition).

New sentence (to be inserted after the word “court.” in line 19):

“Where the state has custody of a minor or a court has awarded temporary guardianship of a minor to a non-parent, the court may consider whether the minor has a preexisting relationship with a grandparent in determining if visitation rights would be in the best interest of the child; provided, however, that such preexisting relationship shall not be a necessity for awarding said visitation rights.”

The provision does not create an automatic right to visitation; it simply allows the court to weigh a grandparent’s preexisting relationship as a factor in the best interests analysis.

Who is affected

Grandparents: May have an additional avenue to seek visitation where state custody or temporary non-parent guardianship is involved.

Minor children: Could gain increased access to extended family if visitation is deemed in their best interests.

Parents/guardians: Courts’ considerations may broaden or shift custodial/visitation outcomes in relevant cases.

Procedural and timeline notes

Status: Bill introduced in the 2025-2026 session; filed in January 2025 (Senate Docket No. 407, Senate No. 1219). The text references a similar measure previously filed (S. 1091 in 2023-2024).

Effective date: Not specified in the text; would take effect only if enacted into law.

Scope of application: Applies specifically to cases where the state has custody or a court has awarded temporary guardianship to a non-parent.

Context and potential impact

This change codifies a factor for courts to consider grandparent relationships during custody/guardianship proceedings, aligning with a growing emphasis on extended family ties in child welfare decisions.

It preserves court discretion by noting that a grandparent’s relationship is not required for visitation rights, thus maintaining the primacy of the child’s best interests and parental rights unless the statute directs otherwise.

Overall, the bill seeks to broaden the evidentiary landscape in grandparent visitation determinations in select custody scenarios without guaranteeing visitation.

Bill