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.
New Hampshire Petition for Grandparent Visitation
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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."