According to the United States Census Bureau, 80% of grandparents say that they play an “important role” in raising their grandchildren. The National Institutes of Health (NIH) also notes that 2.7 million children rely on their grandparents for most caregiving needs. This is an increasing trend in the United States, where biological parents often become unfit for caregiving due to drug use, incarceration, poor mental health, neglect, or child abuse. Despite their crucial role in raising modern children, seniors often have to fight for their grandparent visitation rights. Even if a grandparent does not act as a primary caregiver, they should still have opportunities to see their young family members from time to time. How do family courts in New Hampshire approach this issue? To address this question, seniors might want to speak with experienced family law attorneys in New Hampshire. Friedman & Bresaw, PLLC serves Belknap County residents in cities like Meredith and Laconia, so consider contacting us at (603) 707-4800 to continue this discussion.
Do Grandparents Automatically Get Visitation Rights?
Grandparents do not automatically get visitation rights in New Hampshire. In other words, parents may prevent grandparents from visiting their grandchildren. Seniors facing this situation must file a petition with the court if they wish to gain visitation rights, and this is called a “Petition for Grandparent Visitation.” That being said, the John W. King New Hampshire Law Library notes that courts have expanded grandparent visitation rights to a considerable degree over the past few decades. Numerous legal revisions have benefited grandparents in this way. So while grandparents do not automatically get visitation rights, they do have the right to petition for those rights.
Why Would I Need to Fight for Grandparent Visitation Rights?
Seniors might need to fight for their grandparent visitation rights for various reasons, and they usually file petitions after losing access to their grandchildren. This is almost always because one or both parents no longer want grandparents to visit. This type of dispute may occur after a divorce. For example, a divorced parent may gain primary custody and prevent their children from seeing the grandchildren. This dispute often occurs between a parent and their former in-laws, perhaps due to past arguments stemming from the divorce. With no biological connection to the in-laws, a divorced parent may see no value in allowing grandparents to form a relationship with their grandchildren. At this point, the grandparents may petition for visitation rights.
That said, grandparents may also lose access to their grandchildren even in the absence of a divorce. Parents may choose to isolate their children, perhaps homeschooling them and preventing them from seeing much of the outside world. In this situation, it may be crucial for grandparents to check on the children for potential harm behind closed doors. All kinds of arguments and disputes can occur between parents and grandparents. Although these family rifts may be too severe to mend, a continued relationship with the grandparents may still benefit the children.
Family Courts Consider the Best Interests of the Children When Determining Grandparent Visitation Rights
As with virtually all custody-related decisions, family courts in New Hampshire consider the best interests of the children when determining grandparent visitation rights. Some jurisdictions may “presume” that grandparent visitation is in the best interests of a child. However, New Hampshire courts put the burden of proof on grandparents – and not parents. In other words, grandparents need to convince the court that a continued relationship with their grandchild is in the best interests of that child.
New Hampshire courts may consider numerous factors when determining the best interests of children in this situation. Perhaps most notably, they may consider whether a senior seeking grandparent visitation rights has harmed the child in the past. This might include physical abuse (including corporal punishment), neglect, psychological abuse, and so on. Courts may also consider whether the grandparents have a history of interfering with the relationship between the child and their parent. For instance, they may have told the child negative things about their parent after a bitter divorce.
How Do I Convince the Court to Grant Grandparent Visitation Rights?
Seniors who want to gain grandparent visitation rights should highlight the benefits a grandchild would receive from the continued relationship. A grandparent might provide details about gifts they have given the child over the years. They might also explain how they have helped with babysitting or food preparation in the past. A grandparent may feel that the child will benefit from hearing about shared family traditions, history, and cultural values. Family courts could be sympathetic toward these sentiments. In certain situations, the court may listen to the preferences of the child, and this testimony could be beneficial in the fight for grandparent visitation rights. Arguments should focus on the needs of the children, and not the desires of the grandparents. Consider discussing potential strategies with an experienced family law attorney at Friedman & Bresaw, PLLC.
What Do I Need to Prove When Pursuing Grandparent Visitation Rights?
When pursuing grandparent visitation rights, grandparents may need to prove they are biologically related to the children in question. This may be necessary if the parents were never married, and grandparents might need to attach birth certificates or paternity tests to their petitions. Grandparents might also need to file petitions in the correct jurisdiction, depending on where the child lives. If a divorce is currently underway, it may be necessary to file the petition in the same jurisdiction as the divorce proceeding. In section 13 of the Petition for Grandparent Visitation, there is an opportunity to explain why visitation is necessary or beneficial. An experienced family law attorney may be able to help fill out this section.
Discuss Grandparent Visitation Rights With Friedman & Bresaw, PLLC
Even if grandparents do not directly raise their grandchildren, regular visits may serve their mutual best interests. Grandparent visitation rights ensure an extra set of eyes to detect potential harm to the children. A wary grandparent might be able to spot the early signs of a severe drug addiction or abusive relationship. Even if the parents are taking their caregiving roles seriously, grandparents offer children meaningful insights on culture, values, family history, and knowledge. Seniors have every right to fight for their grandparent visitation rights, and a New Hampshire family law attorney could help in this regard. Friedman & Bresaw, PLLC serves Belknap County families in cities like Meredith and Laconia, so contact us at (603) 707-4800 to explore this topic in more detail.
