Over the past few decades, grandparents have had a growing role in the lives of their grandchildren, whether as childcare provider or full-time guardian in the absence of a custodial parent. After a divorce, one or both of the parents may refuse to allow grandparents to have contact with the children. Reflecting the changing roles of grandparents in the nuclear family, as well as the difficulties that grandparents may have as a result of a divorce or termination of a parent’s rights, the New Hampshire Legislature has provided means for grandparents to petition for visitation with their grandchildren.

For a successful outcome in court, the grandparent(s) must be able to establish that the child lacks a nuclear family because of circumstances such as the death of a parent, divorce, stepparent adoption, parental right termination/relinquishment or unwed parent. Other requirements may apply.

In order to grant visitation, the court must make express findings of fact on each of the following considerations:

• Would visitation be in the best interest of the child?
• Would grandparent visitation interfere with the parent-child relationship or the parent’s authority?
• Has the child ever lived with the grandparent(s)? If yes, for how long?
• How often does the child see the grandparent?
• Is there reasonable cause to believe that the child’s physical or emotional health would be endangered by visitation (or lack thereof)?
• Is there friction between the grandparent and parent? If yes, what effect will this have on the child?
• What were the circumstances surrounding the dissolution of the nuclear family?
• What were the guardian ad litem’s recommendations?
• Does the child express a preference for visitation?

The court may also consider any other relevant factors based on the circumstances. The terms of the court’s jurisdiction are governed by statute. It is recommended that you consult a New Hampshire lawyer to navigate the statutory requirements.

Attorney Kathrine Lacey is ready to assist you in matters pertaining to divorce and family law.