Massachusetts Visitation Laws and Rights

Statutes

Massachusetts General Laws, Part II.

• MCL Chapter 209, Section 3
• MCL. Chapter 208, Section 28
• MCL. Chapter 208, Section 31
• MCL. Chapter 209, Section 38

Visitation Rights: Limitations

The court can't make an order providing "parenting time" or visitation rights to any parent under the following conditions:

• A parent was convicted of murder in the first degree of the other parent of the child.
• A parent engaged in incidents of rape named in the statute and is seeking to obtain visitation with the child who was conceived during the commission of the rape; (unless the judge determines that such child is of suitable age to be able to consent and the child indeed consents and it's in the best interests of the child).

Supervised Visitation

If the court finds that there's abuse, then the child's safety must be addressed in the visitation order. The court may order:

• Pick-ups and drop-offs of the child in a safe location or in the presence of a third party;
• Visitation supervised by an appropriate person, visitation center, or agency;
• Conditional visitation for an abusive parent or parent based on their attendance of a treatment program;
• The parent to abstain from alcohol/controlled substances possession and consumption during the visitation and for 24 hours preceding visitation;
• No overnight visitation; and/or
• Appointment of a guardian ad litem for the child.

Grandparent Rights

Sometimes grandparents have the right to visitation. They may petition for visitation rights under specific circumstances. They must prove the following:

• That the visitation is in the grandchild's best interest;
• That they had a significant relationship with the child prior to visitation proceeding; and
• That not allowing visitation would be harmful to the child.

Contents of Child Visitation Schedule

The child's visitation schedule includes:

• A residential schedule;
• A holiday schedule; and
• A vacation schedule.