In divorce proceedings, some states may, on petition of the grandparents, grant reasonable visitation rights to either the maternal or paternal grandparents of the minor child or children. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
New Hampshire Affidavit by Grandparents in Support of Petition by Grandparents for Visitation Rights With The Minor Grandchild on Dissolution of the Marriage of the Parents of Minor Child
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US-01122BG
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How to fill out Affidavit By Grandparents In Support Of Petition By Grandparents For Visitation Rights With The Minor Grandchild On Dissolution Of The Marriage Of The Parents Of Minor Child?
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FAQ
In a nutshell, grandparents do not automatically have custody rights to their grandchild, but they may have the right to petition the court for it, depending on the state and the circumstances. As the grandparent, you need to understand your state's statutes, as some are permissive while others are restrictive.
All states have currently enacted some form of "grandparent visitation" statute, giving grandparents the right obtain a court order to see and interact with their grandchildren. Visitation orders specify the date, time, and circumstances under which visitation must occur.
Grandparents may seek visitation or custody when the parents of their grandchildren are divorced or separated, one or both of the parents are deceased, or when there is a history of abuse or neglect. Courts consider a variety of factors depending on which of the scenarios has brought an individual before the court.
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.
Grandparents' Rights Under Federal Law Essentially, parents have a fundamental right to decide who their child spends time with, but if the court believes spending time with the grandparent(s) is in the child's best interest, they may issue a court order.
I. Grandparents, whether adoptive or natural, may petition the court for reasonable rights of visitation with the minor child as provided in paragraph III.
Grandparents have no legal right to make important decisions for the child. With power of attorney from parents, grandparents' custody is strengthened. Parents can take the child back and terminate power of attorney at any time. Parents still have full legal rights.