Tuesday, September, 10, 2002

A story released today by the Associated Press reports that Massachusetts high court ruled that grandparents have the right to see their grandkids over a parent's objection -- as long as they can prove denying visitation would be harmful.

The ruling amended a 1972 Massachusetts law allowing grandparents to visit minors who live with only one parent due to circumstances like divorce, separation or death. The court said grandparents must prove that denying visitation would irreparably harm the child.

AARP, an advocacy group for seniors, said it also was pleased.

``It starts with the presumption that the parents, if they are fit, can make the decision,'' said Rochelle Bobroff, AARP's lawyer said. ``At the same time, it permits the grandparents to go in and show why it's in the child's best interests to have a relationship with the grandparent.''

In a dissent, two judges wrote the ruling ``infringes on parents' fundamental right to make decisions concerning the upbringing of their children.''

The case now goes back to Plymouth County Probate and Family Court, which will decide on the grandfather's application to visit his grandson.