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Grandparent Visitation

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Grandparent Visitation.  A maternal grandmother, whose daughter had mysteriously disappeared, filed a complaint in Probate and Family Court against her son in law seeking visitation with her grandson even though she had no pre-existing relationship with him. In an affidavit filed with the complaint, the grandmother blamed her estrangement from the grandson on her son-in-law who had allegedly isolated the child from the family, perpetrated serious physical violence against her daughter and, the grandmother suggested, was responsible for his daughter’s disappearance.
 
The Probate and Family Court allowed the father’s motion to dismiss and the Appeals Court reversed, holding that the grandmother’s complaint and affidavit were sufficient to meet the stringent pleading requirements set forth in Blixt v. Blixt, 437 Mass. 649 (2002).
 
Although the grandmother had no prior relationship with her grandson, under Blixt, the Appeals Court reminded, she may have rights to visitation upon a showing that such visitation is “necessary to protect the child from significant harm.”  The Appeals Court found that it could be inferred from the pleadings that the grandson was exposed to domestic violence which, Massachusetts law recognizes, causes “significant harm” to children. It, therefore, followed that visitation with a grandparent may be necessary to protect the child from further significant harm.  Since grandmother’s allegations rebut the presumption of the father’s fitness to decide whether to permit visitation, the Appeals Court found that it was error for the trial court to allow the father’s motion to dismiss. Sher v. Desmond, 70 Mass.App.Ct. 270 (September 27, 2007)