Massachusetts General Laws

Mass. Gen. Laws ch. 119, § 39D (2026)

Visitation rights to certain grandparents of unmarried minor children; place to file petition

✓ current as of July 2026

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Section 39D. If the parents of an unmarried minor child are divorced, married but living apart, under a temporary order or judgment of separate support, or if either or both parents are deceased, or if said unmarried minor child was born out of wedlock whose paternity has been adjudicated by a court of competent jurisdiction or whose father has signed an acknowledgement of paternity, and the parents do not reside together, the grandparents of such minor child may be granted reasonable visitation rights to the minor child during his minority by the probate and family court department of the trial court upon a written finding that such visitation rights would be in the best interest of the said minor child; provided, however, that such adjudication of paternity or acknowledgment of paternity shall not be required in order to proceed under this section where maternal grandparents are seeking such visitation rights. No such visitation rights shall be granted if said minor child has been adopted by a person other than a stepparent of such child and any visitation rights granted pursuant to this section prior to such adoption of the said minor child shall be terminated upon such adoption without any further action of the court.

A petition for grandparents visitation authorized under this section shall, where applicable, be filed in the county within the commonwealth in which the divorce or separate support complaint or the complaint to establish paternity was filed. If the divorce, separate support or paternity judgment was entered without the commonwealth but the child presently resides within the commonwealth, said petition may be filed in the county where the child resides.

Notes of Decisions

Cited in 26 cases (3 in the last 5 years), 1978–2026 · leading case: Blixt v. Blixt, 774 N.E.2d 1052 (Mass. 2002).

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Blixt v. Blixt, 774 N.E.2d 1052 (Mass. 2002). · cites it 10× “The plaintiff filed a complaint in the Probate and Family Court seeking visitation with the child under G. L. c. 119, § 39D, the so-called grandparent visitation statute (statute).”

Goodridge v. Dep't of Pub. Health, 440 Mass. 309 (Mass. 2003). · cites it 3× “Massachusetts has responded supportively to “the changing realities of the American family,” id. at 64 , and has moved vigorously to strengthen the modem family in its many variations.”

E.N.O. v. L.M.M., 711 N.E.2d 886 (Mass. 1999). · cites it 5× “G. L. c. 119, § 39D. We must balance the defendant’s interest in protecting her custody of her child with the child’s interest in maintaining her relationship with the child’s de facto parent.”

Youmans v. Ramos, 711 N.E.2d 165 (Mass. 1999). · cites it 5× “We do not construe G. L. c. 119, § 39D, as appearing in St. 1991, c.”

Care & Prot. of Jamison, 4 N.E.3d 889 (Mass. 2014). · cites it 5× “119, § 26B (b), where the petitioning child is in State custody and his siblings are wards in the custody of legal guardians, and, second, whether the presumption of validity afforded parental decisions regarding grandparent visitation pursuant to G. L. c. 119, § 39D, recognized…”

Sayre v. Aisner, 748 N.E.2d 1013 (Mass. App. Ct. 2001). · cites it 8× “First, Sayre alleged that she was a “surrogate grandmother” and therefore was entitled to the same visitation rights as would be allowed a grandparent under G. L. c. 119, § 39D. 2 Second, she claimed that visitation between her and Adam was in his best interest and, therefore,…”

Peters v. Costello, 891 A.2d 705 (Pa. 2005). · cites it 2× “2d 1132, 1135 (2000) (fit parent is entitled to presumption that he acts in best interest of his or her child); Mass. Gen. Laws ch. 119, § 39D; Minn.Stat.”

Sher v. Desmond, 874 N.E.2d 408 (Mass. App. Ct. 2007). · cites it 2× “The maternal grandmother of a child of parents not living together brought a complaint in the Probate and Family Court pursuant to G. L. c. 119, § 39D, 1 seeking visitation with *271 the child after her attempts to communicate with him were rebuffed by the child’s father.”

Care & Prot. of Three Minors, 467 N.E.2d 851 (Mass. 1984). “” 14 We note that G. L. c. 119, § 39D, does not permit the judge to grant rights for visitation of a minor child who has been adopted by a person who is other than a stepparent.”

Enos v. Correia, 647 N.E.2d 1215 (Mass. App. Ct. 1995). · cites it 3× “The plaintiff argues that she may seek visitation of her granddaughter under the provisions of G. L. c. 119, § 39D. 1 *319 The statute grants certain grandparents of minor children the right to seek visitation.”

Martinez v. Martinez-Cintron, 101 N.E.3d 933 (Mass. App. Ct. 2018). · cites it 2× “The mother and James Taylor-Martinez (father) were divorced in December, 2016, pursuant to a judgment of divorce nisi, when their lone child was approximately six months old.”

Preston v. Mercieri, 573 A.2d 128 (N.H. 1990). “1989); Mass. Gen. Laws Ann. c. 119, § 39D (West Supp.”

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