Bill
HD 1644
The bill creates a court-supervised framework for grandparent/relative visitation with an unmarried minor, based on the child’s best interest and possible automatic termination aft
Status: Proposed bill introduced (date per prompt: November 29, 2025)
Purpose
- To clarify and expand grandparent and other relatives’ rights to reasonable visitation with unmarried minor children in Massachusetts.
- To establish a formal process in the Probate & Family Court for granting, supervising, and terminating visitation when in the child’s best interest.
What the bill would do
- Amend Chapter 119, section 39D to replace current provisions with a new framework for grandparent/relative visitation.
- Allow grandparents or other relatives of an unmarried minor child to petition for reasonable visitation during the child’s minority if the court finds it would be in the child’s best interest.
- Include an automatic termination of visitation rights if the child is adopted by someone other than a stepparent (visitation granted prior to adoption terminates upon adoption).
Who is eligible to petition
- Grandparents or other relatives of an unmarried minor child.
- Petition eligibility triggers include:
- One or both parents are deceased; or
- Parents are divorced or married but living apart; or
- A temporary order or judgment of separate support; or
- Child born out of wedlock with paternity acknowledged or adjudicated (maternal grandparents exempt from paternity requirement); or
- A compelling state interest to protect the child’s health, safety, or welfare.
Grounds for granting visitation
- The court may grant visitation upon:
- An agreement of the parties, or
- After a merits hearing, if the child is dependent/neglected or abused in the parent’s care;
- A significant and positive relationship between grandparent/relative and child, serving the child’s best interest;
- No significant relationship but curtailment/termination would cause significant harm to the child’s health, safety, or welfare;
- The parent is deceased; or
- The parent objects to visitation, but the petitioner proves by clear and convincing evidence that the objection is unreasonable and that visitation would not substantially interfere with the parent-child relationship; or
- The child resided with the grandparent/relative who were primary caregivers for at least 6 consecutive months; or
- The parents have been involved in dissolution, custody, legal separation, annulment, or parentage proceedings related to the child.
- No residency requirements for petitioners.
Harm standard and considerations
- The bill lists factors for assessing harm to the child, including:
- Length/quality of relationship, emotional ties, and the grandparent’s role.
- Evidence of ongoing contact or attempts to maintain contact.
- Child’s preferences (where appropriate).
- Impact on the parent-child relationship and the child’s daily needs.
- Existence of a significant preexisting relationship, parent’s absence, and parental fitness.
- There is a presumption of emotional harm if the child has a significant existing relationship that would be broken, if the grandparent served as a primary caregiver, or in the death of a parent.
Petition and process
- Venue: Petitions to be filed in the county where the divorce/separate support/paternity case was filed, or in the child’s residence if applicable.
- Service: Parties must be personally served with the petition.
- Mediation: After service, the case is referred to mediation, with exceptions if domestic violence or no-contact orders exist.
- If mediation yields an agreement, a stipulated agreement is written; if not, the case proceeds toward a hearing.
Impact and implementation considerations
- Creates a formal, court-supervised pathway for grandparent/relative visitation determinations in a broad set of family scenarios.
- Alters how visitation rights interact with adoption, potentially terminating prior visitation rights upon adoption by non-stepparents.
- Reduces the need for expert testimony to establish existing relationships in many cases, relying on reasonable-person standards.
Notes
- This bill mirrors prior legislative interest in grandparent visitation (similar matter previously filed as House No. 1712 in 2023-24).
- The language emphasizes “best interest of the child” as the central standard and provides a structured framework for evaluating harm and visitation necessity.
Compiled from official sources — confirm details with the bill’s official record.
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