New Hampshire Grandparent Visitation Rights
Grandparents, whether adoptive or natural, may petition a New Hampshire court for reasonable rights of visitation with a minor child. The court will shall consider the following criteria in making an order relative to a grandparent’s visitation rights to the minor child:
(a) Whether such visitation would be in the best interest of the child.
(b) Whether such visitation would interfere with any parent-child relationship or with a parent’s authority over the child.
(c) The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and when there is no reasonable cause to believe that the child’s physical and emotional health would be endangered by such visitation or lack of it.
(d) The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child.
(e) The circumstances which resulted in the absence of a nuclear family, whether divorce, death, relinquishment or termination of parental rights, or other cause.
(f) The recommendation regarding visitation made by any guardian ad litem appointed for the child.
(g) Any preference or wishes expressed by the child.
(h) Any such other factors as the court may find appropriate or relevant to the petition for visitation.
The grandparent’s petition for visitation must be filed with the court which has jurisdiction over the divorce, legal separation, or a related proceeding. If the parent of the minor child is unwed, then any grandparent filing a petition must attach with the petition proof of legitimation by the parent or establishment of paternity. Upon the motion of any party, the court may modify or terminate any order to reflect changed circumstances.
Grandparents rights may be restricted in cases where their access to the minor child has been restricted for any reason prior to or contemporaneous with the divorce, death, or relinquishment or termination of parental rights.
Note: The foregoing information is provided as general family law guidelines in New Hampshire and should not be considered as legal advice specific to your case. After reviewing the above material, you will be presented with the opportunity to submit more details specific to your case directly to About The Children.
Submitted by Linda O’Marie, Paralegal, on 7-15-13.
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