New Hampshire Petition for Grandparent Visitation

State:
New Hampshire
Control #:
NH-SKU-0416
Format:
PDF
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Description

Petition for Grandparent Visitation

The New Hampshire Petition for Grandparent Visitation is a legal document used by grandparents to obtain court-ordered visitation rights with their grandchildren. The petition is used when the children's parents are unwilling or unable to grant visitation rights to the grandparents. There are two types of New Hampshire Petition for Grandparent Visitation: the Grandparent Visitation Order and the Grandparent Petition for Visitation. The Grandparent Visitation Order is the more common option and requires a court hearing where the grandparents must show that visitation is in the best interests of the child. The Grandparent Petition for Visitation allows the grandparents to submit a written petition to the court requesting visitation rights. The court will then consider the petition and make a determination based on the best interests of the child.

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FAQ

Ing to RSA 461-A:13, grandparents may petition the court for their right to visit with their minor grandchildren. This includes adoptive or natural grandparents. The law also states that a grandparent filing for visitation of a grandchild with unwed parents must first prove the legitimacy of the parent.

The law doesn't specify an age at which the court must take into consideration a child's preference. That's because age doesn't determine maturity level. So it's conceivable that a judge might take into account the wishes of a young, mature child, but not those of an older, less responsible one.

Pursuant to RSA 461-A:13 If the parent of the minor child(ren) is unwed, any grandparent filing a petition under this section shall attach proof (for example, a copy of the birth certificate) of legitimation by the parent pursuant to RSA 4 or establishment of paternity.

A court may award visitation rights if the child's parents are divorced or have filed for divorce, one of the parents is deceased, one of the parents has had his or her parental rights terminated, or the child has been born out of wedlock, if the child has been legitimated.

Ing to RSA 461-A:13, grandparents may petition the court for their right to visit with their minor grandchildren. This includes adoptive or natural grandparents. The law also states that a grandparent filing for visitation of a grandchild with unwed parents must first prove the legitimacy of the parent.

A parent's decision regarding grandparent visitation must be given "presumptive validity." To obtain visitation, "the grandparents must allege and prove that the failure to grant visitation will cause the child significant harm by adversely affecting the child's health, safety, or welfare."

More info

Request a copy of the form "Petition for Grandparent Visitation" from your circuit county courthouse or the family court system in your county. The form's name may vary from state to state, but each state has a form that grandparents can use to request visitation rights through the courts.This means that they must file their own petition with a judge with the help of a family law attorney. Make sure your form states RESPONSE TO PETITION FOR GRANDPARENT VISITATION in the upper right hand part of the page. Decide what you want a court order for. In general, a grandparent seeking full care and custody of a grandchild may file a petition for custody with the court. The following is a list of the forms you will need. ➢ Summons, form SUM-100 (A separate form for each parent will be needed). Many states allow grandparents to have visitation rights and, in some situations, custody. Pursuant to RSA 461-A:13.

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New Hampshire Petition for Grandparent Visitation