HOUSE DOCKET, NO. 4062 FILED ON: 1/21/2014
HOUSE . . . . . . . . . . . . . . . No.
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The Commonwealth of Massachusetts
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PRESENTED BY:
Stephen L. DiNatale
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to great-grandparent visitation rights..
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PETITION OF:
Name: | District/Address: | Date Added: |
Stephen L. DiNatale | 3rd Worcester | 1/21/2014 |
Jennifer L. Flanagan | Worcester and Middlesex |
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William Smitty Pignatelli | 4th Berkshire |
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James Arciero | 2nd Middlesex |
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Elizabeth A. Poirier | 14th Bristol |
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Frank A. Moran | 17th Essex |
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Dennis A. Rosa | 4th Worcester |
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Paul K. Frost | 7th Worcester |
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Paul R. Heroux | 2nd Bristol |
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Diana DiZoglio | 14th Essex |
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Colleen M. Garry | 36th Middlesex |
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James R. Miceli | 19th Middlesex |
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Walter F. Timilty | 7th Norfolk |
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Brian M. Ashe | 2nd Hampden |
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Shaunna O'Connell | 3rd Bristol |
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Wayne Matewsky | 28th Middlesex |
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HOUSE DOCKET, NO. 4062 FILED ON: 1/21/2014
HOUSE . . . . . . . . . . . . . . . No.
By Mr. DiNatale of Fitchburg, a petition (subject to Joint Rule 12) of Stephen L. DiNatale and others relative to the visitation rights of great grandparents. The Judiciary. |
The Commonwealth of Massachusetts
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In the Year Two Thousand Fourteen
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An Act relative to great-grandparent visitation rights..
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Chapter 119 of the General Laws is hereby amended by striking out section 39D and inserting in place thereof the following section:-
Section 39D. If the parents of an unmarried minor child are divorced, married but living apart pursuant to a temporary order or judgment of separate support, or if either or both parents are deceased, or if the 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 or great-grandparents of the 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 the visitation rights would be in the best interest of the minor child; provided, however, that the adjudication of paternity or acknowledgment of paternity shall not be required in order to proceed pursuant to this section where maternal grandparents or great-grandparents are seeking the visitation rights. No visitation rights shall be granted if the minor child has been adopted by a person other than a stepparent of the child and any visitation rights granted pursuant to this section prior to the adoption of the minor child shall be terminated upon the adoption without any further action of the court.
A petition for grandparent or great-grandparent visitation authorized pursuant to 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, the petition may be filed in the county where the child resides.