BY CHRISTOPHER LEBHERZ – MAY 24, 2018
When divorce and other circumstances lead to the denial of grandparents’ contact with their grandchildren, grandparents may want to consider taking legal action. While they are not granted a constitutional right to do so, state legislatures have passed statutes granting these rights over the past four decades in recognition of the fact that grandparents play a critical role in the upbringing of children. After meeting the statutory conditions for visitation, grandparents must present the factors that courts may or must consider to grant visitation rights. In every state, grandparents must prove that granting visitation to the grandchild is in the “best interest of the child.” This issue should be carefully considered in consultation with an attorney experienced in family law.
Massachusetts Law:
Section 39D. If the parents of an unmarried minor child are divorced, married but living apart, under a temporary order or judgment of separate support, or if either or both parents are deceased, or if said 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 of such 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 such visitation rights would be in the best interest of the said minor child; provided, however, that such adjudication of paternity or acknowledgment of paternity shall not be required in order to proceed under this section where maternal grandparents are seeking such visitation rights. No such visitation rights shall be granted if said minor child has been adopted by a person other than a stepparent of such child and any visitation rights granted pursuant to this section prior to such adoption of the said minor child shall be terminated upon such adoption without any further action of the court.
A petition for grandparents visitation authorized under 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, said petition may be filed in the county where the child resides.
To schedule a free consultation, please call LEBHERZ & LEBHERZ, Attorneys at Law, at (508) 548-6600 to make an appointment. Our office is at Old Bailey Court, 99 Town Hall Square.
When evaluating a workers’ compensation claim, it is important to understand that, in order for a work injury to be compensable, it must “arise out of and in the course of employment.” In order to fully justify a claim and avoid misinterpretation of the circumstances surrounding it, it is best that an injured employee notify his or her employer within a prescribed time after the injury or the onset of the initial symptoms. This notification should be made in writing on a special form. In the event the employer refuses to provide benefits, it is in the worker’s best interests to consult with a lawyer, who can then request a hearing before the state board or commission of workers’ compensation.
When it comes to making the largest purchase in their lives, home buyers should leave nothing to chance. It is important that an attorney who has real estate experience review a real estate contract and provide advice that could help avoid errors, omissions, misinterpretations, or even misrepresentations that could jeopardize a sale or lead to a legal problem. For instance, by making a sales contract not only contingent upon a professional home inspection, but also the full approval of its results, buyers can protect themselves from being faced with an unsatisfactory inspection and an obligation to purchase the property. In addition, it is important that buyers carefully review sellers’ disclosure statements to learn as much as possible about the property.
When a child commits a negligent act that leads to significant injury or property damage, some may wonder if the child can be held to the same legal standard that applies to adults. When differentiating an accident from a negligent act, adults are held to a “standard of care” that is required in a given situation. That is, if a person acts in a manner other than how a “reasonable person” would act in the same situation, the individual would be held liable for any resultant injuries. However, children are not expected to act as a reasonable adult would act. Instead, a child’s actions are compared with the conduct of other children of the same age, experience, and intelligence.
When a patient has reason to believe that he or she was harmed by a doctor or other medical professional who failed to competently perform his or her medical duties, there may be grounds for filing a medical malpractice lawsuit. To prove such a case, the patient must first establish that a doctor-patient relationship existed. In order to hold the physician liable for medical malpractice, the patient must also show that the doctor deviated from the appropriate medical standard of care. In addition, the patient must show that it is “more likely than not” that the doctor’s incompetence directly caused the injury. Finally, the patient must show that the injury caused by the doctor’s negligence led to specific damages.