Nashua Grandparents' Rights Attorney
Serving Hillsborough County, New Hampshire
Grandparents, whether adoptive or natural, may petition the court for reasonable visitation with a grandchild if the child's nuclear family dissolves. For example, by divorce, death, relinquishment or termination of parental rights, or some other cause such as unwed parents.
It is the interest of the child that is protected, not the right of the grandparent. The grandparent visitation does not require a bloodline or kinship. For example the grandparents of a "psychological parent's" child can qualify.
The court considers several factors when reviewing a grandparent's visitation rights petition:
- ✔ Whether such visitation would be in the best interest of the child.
- ✔ Whether such visitation would interfere with any parent-child relationship or with a parent's authority over the child.
- ✔ The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and when there is no reasonable cause to believe that the child's physical and emotional health would be endangered by such visitation or lack of it.
- ✔ The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child.
- ✔ The circumstances which resulted in the absence of a nuclear family, whether divorce, death, relinquishment or termination of parental rights, or other cause.
- ✔ The recommendation regarding visitation made by any guardian ad litem appointed for the child pursuant to RSA 461-A:16.
- ✔ Any preference or wishes expressed by the child.
- ✔ Any such other factors as the court may find appropriate or relevant to the petition for visitation.
Ultimately the decision will involve a decision regarding the grandparent's visitation rights versus the fundamental right of a parent to make decisions concerning the care, custody and control of their own children. Grandparent's visitation rights remain subject to modification. Those rights may be increased, decreased, or terminated by the court.
The grandparents and the child's parents are best served with the advice of counsel. While the criteria reviewed by the court may appear simple, it is not. The law is broader than a simple criteria sentence can adequately explain.
Attorney Driscoll explains the law in plain-English. He can prepare you for what lies ahead. In a fog of chaos, I can work with you to develop your goals and provide you with choices and direction. Call (603) 589-4040 for a private consultation. His handicapped accessible office is conveniently located at 20 Trafalgar Square in Nashua, NH. My office is quickly accessible from Amherst Street (Route 101A) as well as Exits 7W and 8 off the Everett Turnpike.