This is a tricky issue since grandparent visitation is a much different issue than a normal custody case. All 50 states have some version of the Uniform Child Custody Jurisdiction Act, which dictates which state has the authority to make decisions about a child. If you know where you daughter is, I would recommend consulting both with an attorney in that locale and here in the greater boston area.
This requires a more detailed analysis than can properly be given here on Avvo. Many family law attorneys offer free initial consultations so that they can get all the information they need to properly assess your case. Take advantage!
It really depends on the reason for the visitation. The Supreme Court ruled that grandparent visitation orders are unenforceable unless they are done in the context of "de facto parent" visitation. What you can do if you get such an order is to file the order in the court in NY that would have jurisdiction. That court should enforce the order.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
You have outlined 3 legal issues (all of which are complex): (1) the UCCJA (interstate relocation of children) (2) grandparents' rights under different states (3) the "defacto parent" element of grandparent's visitation rights under MA laws.
I do not see any reason under the UCCJA why a court would interfere with the relocation to another state--excluding the issue of the DCF active investigation. Under UCCJA, grandparents do not have a right to act "in loco parentis" for a biological parent. Therefore grandparent does not have standing to make the application.
Grandparent rights ,including visitation, are determined on a state by state basis. You would need to speak with knowledgeable attorneys in both state to confirm the posture of the state courts in this regard.
Your questions and circumstances require close analysis by fully informed attorney(s). You can secure orders from the MA courts (and they should be enforced in NY); but that will still leave you with the practical issue of how you will be able to exercise that right. If the children are in another state and you cannot get the other state to remand them to MA, you will have to arrange to visit them in NY. This is just one example of the complications you will encounter; which is why I strongly recommend you speak with counsel.
This answer is provided for informational purposes only and it is not intended as legal advice. Additionally, this answer does not create an attorney-client relationship. If you wish to obtain legal advice specific to your case, please consult with a local attorney
Sign up to receive a 3-part series of useful information and advice about child custody law.