[bbgrlshan]

Hi, Here is my situation. My daughter's father and I are not together anymore. We were never married. I heard that his mom might possibly go for grandparent rights. She has never had a relationship with my now 2 year old daughter and has only seen her about 4 times in these 2 years. Her son doesn't see my daughter either only when he wants. I have never denied this woman time to spend with my child. All I asked was that I be there. She expects me to drop my daughter off with her and leave. How could I, as a good mother, drop my child off with a woman that she doesn't even know. I live in Massachusetts and have been trying to get info on this subject. I am my daughters provider and have been a single mom since day 1. This woman hasn't even picked up a phone to see how her granddaughter has been. Does she really have any rights to my child. She wasn't a good mother to her own children and I definitely don't trust her alone with my baby. Please I'm kind of freaking out because people say she has rights and I don't see how if she's never bothered with anything. Please give me some advice on this. Thanks :(

[Gem_22205]

Visitation rights of grandparents

Since 1972, Massachusetts Law has provided for visitation rights to certain grandparents of unmarried children.

A statute in Massachusetts, referred to as Massachusetts General Law Chapter 199, Section 39D provides for visitation rights under the following circumstances:

If the parents of the child are divorced, married but living apart, or under a temporary order or judgment of separate support.

If either or both parents are deceased.

If the child was born out of wedlock and the paternity of the child has been established by a court or the father has signed an acknowledgment of paternity.

The statute further provides that no such visitation rights will be granted if the minor child has been subsequently adopted by a person other than a stepparent.

In order to obtain any such visitation rights, a grandparent would be obligated to file a petition in the Probate Court located in the county where the divorce, separate support complaint, or paternity complaint was filed. If judgment on these complaints was entered out of state and the child currently resides in Massachusetts, the petition for visitation may be filed in the county where the child currently resides. The grandparent filing would be required to demonstrate to the judge that such visitation would be "in the best interest" of the child.

[Fr_Chuck]

Yes it appears she does have legal rights in your state, and yes will be able to have visits set up. And can do so without you there, if you can prove she is some danger to the child you may require it to be supervised but it may be a third party.

You can ask for a period of supervised visits till she gets to know the child.