Grandparents often have a special bond with their grandchildren, especially with the latter confidently knowing they always have someone on their side.
When family disputes arise, like a divorce, you wouldn’t want those to disrupt this relationship. Under the New Hampshire law, grandparents don’t automatically have visitation rights. Understanding how visitation works for grandparents is your first step in preserving these bonds.
How does grandparents’ visitation work under New Hampshire law?
Following a divorce, grandparents can seek visitation of their minor grandchildren by filing a petition with the court. The court may grant the request provided the grandparents don’t have any existing legal restrictions.
However, courts don’t allow visitation based solely on a family relationship. Under New Hampshire’s family law, a judge weighs a few criteria in granting visitation rights, with the child’s overall well-being as the primary touchstone.
Situations such as death, legal separation, divorce, the adoption of the child in question, termination of parents’ rights or the birth of a child out of marriage are some of the family circumstances that a judge will look into when you petition for grandparents’ visitation rights.
What are the factors that courts consider in grandparent visitation rights?
When the judges evaluate a petition, their main touchpoint is its impact on the child. Courts normally assess:
- The impact of visitation on the child’s well-being
- The effect of grandparent visitations on the parent-child connection and on the parent’s capacity in decision-making for the child
- The depth of the relationship between the grandparent and the child, including the amount of time they spend together
- Any history of the child living with the grandparents and whether visits or the lack thereof could have an impact on the child’s emotional welfare
- The nature of the relationship between the grandparents and the child’s parents, including any tensions, and how they could affect the child
- Reasons why they are not a traditional family
- A guardian ad litem’s proposals on visitations
Courts assess their decisions through these factors to fully grasp whether the visitations could have an impact on the child’s well-being.
When family dynamics change
Family shifts can alter relationships in ways you can’t imagine. Grandparents in New Hampshire do not automatically have visitation rights, but they can petition to visit their grandkids. The court bases its decisions on the child’s best interests. Understanding how the courts evaluate these decisions within the broader context of other legal custody rights gives clarity during these hard times.
