Legal Information: Massachusetts

Custody

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Updated: 
November 30, 2021

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)

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