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Massachusetts denies grandparent visitation request when parent is considered a fit parent

On May 3, 2018, the Massachusetts Appeals Court recently ruled n Martinez v Martinez-Cintron, that Blixt v. Blixt, 437 Mass. 649 (2002), requires a judge to dismiss an inadequate petition for grandparent visitation pursuant to G. L. c. 119,  section 39D. In Martinez, the grandmother petitioned the court for visitation stating that it would be in the child’s best interest rather than alleging why visitation is necessary to protect the child from significant harm.  Her petition did not present facts to rebut the presumption of parental fitness, only that is would be in the child’s best interest to have a relationship with a grandparent.  It is assumed by the court that a fit parent will act in the child’s best interest and dismissed the petition.

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