Sher v. Desmond

The maternal grandmother of a child of parents not living together brought a complaint in the Probate and Family Court pursuant to G. L. c. 119, § 39D,1 seeking visitation with *271the child after her attempts to communicate with him were rebuffed by the child’s father. The father filed a motion to dismiss and, following a hearing, a Probate Court judge dismissed the grandmother’s complaint with prejudice. In this appeal we are asked to decide whether the grandmother’s complaint and the affidavit attached to it comport with the heightened pleading standard applicable to complaints for grandparent…