Manchester Grandparents’ Rights Attorneys

If the parents of your grandchildren are unable to care for the children, the family law attorneys at Clark Law PLLC can offer important legal advice.

In certain situations, a grandparent may petition the family courts for visits. Visitation awarded to a grandparent is not the same as the decision-making authority awarded to a parent in a divorce or parenting case. In deciding to award a grandparent visitation, the courts must keep in mind the constitutional rights of parents to make decisions for their children and weigh the best interests of the children.

If you have had significant contact with your grandchildren but have been unable to see your grandchildren at the request of either parent, please contact our family law attorneys to learn more about grandparents’ rights.

Grandparent Visitation

In New Hampshire, the law (RSA 461-A:13) offers grandparents the right to petition in court for reasonable visitation. This opportunity is available whenever a traditional “nuclear family” is absent – which includes situations where the parents are unwed and living apart, divorced, legally separated or deceased. While this right can maintain healthy familial relationships, it does not allow grandparents to use this if the parents cut them off before the divorce or death occurred.

When requesting visitation rights, the judge does not automatically grant them just because you are the child’s grandparent. They must consider these factors first to determine whether an approval would be beneficial:

• Benefit to the child: Will the presence of grandparents help the child?
• Parental authority: Is there a threat to parental authority if a grandparent has visitation rights?
• Existing relationship: What is the grandparents’ relationship with the child like?
• Family friction: If there is a conflict between parents and grandparents, will the friction hurt the child?
• Child’s preference: What is the child’s preference on the matter?
• Guardian opinion: If a guardian ad litem is present, what is their opinion about it?

As the grandparent, you must prove that visiting the child is necessary for their well-being.

Grandparent Guardianship

While visitation rights let you see your grandchild, guardianship gives you the power to:

• Decide where the child lives
• Make medical and dental decisions
• Enroll the child in your preferred school
• Handle the child’s support and care

You may only petition for guardianship if the parents agree that they cannot care for the child currently. If they do not agree, you must provide evidence that exhibits why guardianship is necessary to protect the child from physical or psychological harm.

It is important to note that guardianship stands as a temporary solution for providing stability for the child. Your role as a guardian can only end if the parents can show that they are fit to provide for the child’s safety and needs.

Grandparent Adoption

Adopting a grandchild is possible in New Hampshire, but the rights of the biological parents must end first. This can occur when they agree to the adoption voluntarily or the courts terminate their parental rights based on abandonment, neglect or unfitness.

The adoption process often involves a lengthy home or social study that assesses your household. However, you may skip this if the parents have no parental rights and the child has lived with you for at least two years. Additionally, participating in criminal background and child abuse registry checks is necessary.