Legal Information: Massachusetts

Custody

View all
Updated: 
December 9, 2022

I am the child’s grandparent. Can I get custody?

Grandparents may seek custody (temporary or permanent) of their grandchild if they believe that the child is at risk living with their parents. In order to gain custody, the grandparents need to:

  • get permission from the parents to take custody; or
  • prove to a court that the parents are not fit to care for their child1 (which can be difficult to do).

1 See Page v. Page, 329 Mass. 764 (1952); In re Adoption of Carlott, 71 Mass.App.Ct. 1117 (2008)

Legal Information

WomensLaw serves and supports all survivors, no matter their sex or gender.

© 2008–2021 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.