Grandparent Visitation Petition

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

New Hampshire requires the use of the official Judicial Branch form Petition for Grandparent Visitation (NHJB-2228-F), filed in the Circuit Court, Family Division. This template provides the substantive legal content to help you prepare — you must transfer your content to the official form before filing. Forms are available at courts.nh.gov. Do not file this document directly with the court.

PETITION FOR GRANDPARENT VISITATION

(New Hampshire — RSA 461-A:13)

I. PARTIES

1.1 Petitioner(s) — Grandparent(s)

Co-Petitioner (spouse / other grandparent), if applicable:

1.2 Respondent(s) — Parent(s) / Custodian

1.3 The Minor Child

II. JURISDICTION AND VENUE

2.1 Subject-matter jurisdiction. This Court has jurisdiction over this Petition under RSA 461-A:13. Pursuant to RSA 461-A:13, III, the petition is entered in the court that has jurisdiction over the divorce, legal separation, or other proceeding under RSA Chapter 461-A; or, in the case of the death of a parent, stepparent adoption, or unwed parents, in the court having jurisdiction to hear divorce cases from the town or city where the child resides — i.e., the [____] Circuit Court, Family Division.

2.2 UCCJEA (RSA 458-A). New Hampshire is the home state of the minor child under the Uniform Child Custody Jurisdiction and Enforcement Act, RSA Chapter 458-A, because:

☐ The child has lived in New Hampshire with a parent or person acting as a parent for at least six (6) consecutive months immediately before the filing of this Petition; or

☐ New Hampshire was the child's home state within six (6) months before filing and a parent or person acting as a parent continues to live in this State; or

☐ Other basis: [____________]

2.3 Other proceedings.

☐ There are no other pending or prior proceedings concerning the custody, parenting time, or visitation of the minor child.

☐ There are other proceedings — Court: [____________]; Case No.: [____________]; Nature: [____________].

2.4 Proof of paternity (unwed parents) — RSA 461-A:13, IV.

☐ Not applicable (parents were married).

☐ The parents are unwed; Petitioner attaches proof of legitimation by the parent pursuant to RSA 460:29 OR establishment of paternity pursuant to RSA 168-A.

III. STANDING — ABSENCE OF AN INTACT NUCLEAR FAMILY (RSA 461-A:13, I)

3.1 The nuclear family of the minor child is no longer intact, and the circumstance giving rise to that absence is (check all that apply):

☐ The parents are divorced, or a divorce or legal separation proceeding has been filed.

☐ A parent of the child is deceased.

☐ A parent's parental rights have been relinquished or terminated.

☐ The child was born to unwed parents (see Section 2.4).

☐ Other cause of the absence of a nuclear family: [____________]

3.2 Access not previously restricted — RSA 461-A:13, I (threshold bar). Petitioner's access to the minor child was NOT restricted for any reason prior to or contemporaneous with the divorce, death, relinquishment or termination of parental rights, or other cause of the absence of the nuclear family.

☐ Petitioner so affirms. Supporting facts: [____________]

IV. FACTUAL ALLEGATIONS

4.1 History of the relationship. Petitioner has had a significant relationship with the minor child, as follows:

[____________________________________________________________]

4.2 Circumstances leading to this Petition. [____________]

V. CONSTITUTIONAL STANDARD

5.1 Special weight to a fit parent's decision (Troxel). Petitioner acknowledges that parents have a fundamental constitutional right to make decisions concerning the care, custody, and control of their children, and that a fit parent's decision regarding visitation is entitled to special weight. Troxel v. Granville, 530 U.S. 57 (2000).

5.2 Standing where a parent is deceased. Where one parent is deceased but a parent survives, grandparents — including maternal grandparents whose child (the surviving parent) is living — may petition under the plain language of RSA 461-A:13. In re Lundquist, 168 N.H. 629, 134 A.3d 951 (2016).

5.3 Section preserves parental and child rights — RSA 461-A:13, VI. Nothing in RSA 461-A:13 affects the rights of a child, a natural parent or guardian under RSA 463, or an adoptive parent under RSA 170-B:20. Adoption of the child terminates grandparents' visitation rights.

VI. STATUTORY CRITERIA — RSA 461-A:13, II

6.1 Petitioner alleges facts supporting each statutory criterion the Court must consider:

☐ (a) Grandparent visitation would be in the best interest of the child: [____________]

☐ (b) Visitation would not interfere with any parent-child relationship or with a parent's authority over the child: [____________]

☐ (c) The nature of the relationship between Petitioner and the child — including frequency of contact, whether and how long the child has lived with Petitioner, and the absence of reasonable cause to believe the child's physical and emotional health would be endangered by visitation or the lack of it: [____________]

☐ (d) The nature of the relationship between Petitioner and the child's parent, including any friction and its effect on the child: [____________]

☐ (e) The circumstances that resulted in the absence of a nuclear family (divorce, death, relinquishment or termination, or other cause): [____________]

☐ (f) Any recommendation regarding visitation made by a guardian ad litem appointed for the child under RSA 461-A:16: [____________]

☐ (g) Any preference or wishes expressed by the child: [____________]

☐ (h) Any other factor the Court finds appropriate or relevant: [____________]

VII. PROPOSED VISITATION SCHEDULE

7.1 Regular visitation. Petitioner requests:

☐ Weekly: [____________] ☐ Monthly: [____________] ☐ Other: [____________]

7.2 Holidays and special occasions.

7.3 Transportation / exchange. [____________]

7.4 Communication. Telephone/video contact: [____________]

VIII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under RSA 461-A:13, I (absence of an intact nuclear family; access not previously restricted);

B. Consider the criteria in RSA 461-A:13, II, giving special weight to the fit parent's decision, and find that reasonable grandparent visitation is in the best interest of the minor child;

C. Enter an order awarding Petitioner reasonable rights of visitation with the minor child pursuant to the schedule in Section VII, or as the Court deems just;

D. Appoint a guardian ad litem under RSA 461-A:16 if the Court deems it necessary;

E. Award costs of this action; and

F. Grant such other and further relief as the Court deems just and proper.

IX. VERIFICATION

STATE OF NEW HAMPSHIRE )
COUNTY OF [____________] )

I, [PETITIONER NAME], being first duly sworn, state that I am the Petitioner in this action; that I have read the foregoing Petition; and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_________________________________
[PETITIONER NAME], Petitioner

Subscribed and sworn to before me this ___ day of __________, 20___.

_________________________________
Justice of the Peace / Notary Public
My Commission Expires: ___________

X. SIGNATURE

Respectfully submitted this ___ day of __________, 20___.

_________________________________
[PETITIONER NAME], Pro Se
OR
_________________________________
[ATTORNEY NAME], NH Bar No. [____________]
[FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Petitioner

XI. NOTICE TO RESPONDENT

TO THE RESPONDENT(S): A Petition for Grandparent Visitation has been filed concerning the above-named child. You are required to file a written response with the Clerk of this Court within the time set by the court and the New Hampshire Circuit Court – Family Division Rules after service of this Petition, and to serve a copy on Petitioner or Petitioner's attorney. If you fail to respond, the Court may proceed and enter orders affecting your rights. You have the right to be represented by an attorney.

XII. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing Petition (and, if applicable, proof of legitimation/paternity) was served upon each Respondent by ☐ personal service ☐ certified mail ☐ service of process server ☐ other [____________], at the address(es) listed above.

_________________________________
[PETITIONER / ATTORNEY SIGNATURE]

SOURCES & REFERENCES

• RSA 461-A:13 — Grandparents' Visitation Rights: petition and threshold bar where access was restricted prior to or contemporaneous with the absence of the nuclear family (I); eight statutory criteria (II); proper court (III); proof of legitimation/paternity for unwed parents (IV); modification on changed circumstances (V); preservation of parental/child/adoptive-parent rights (VI).
• RSA 461-A:16 — appointment of guardian ad litem; RSA 460:29 (legitimation); RSA 168-A (paternity).
• In re Lundquist, 168 N.H. 629, 134 A.3d 951 (2016) — New Hampshire Supreme Court; standing of grandparents on the death of a parent.
• Troxel v. Granville, 530 U.S. 57 (2000) — fit parent's decision entitled to special weight.
• RSA Chapter 458-A — UCCJEA.
• Official form: Petition for Grandparent Visitation, NHJB-2228-F, NH Judicial Branch.

This Petition is a preparation aid only and is not the official NHJB-2228-F form. New Hampshire grandparent visitation requires an absence of an intact nuclear family and that grandparent access was not previously restricted; a fit parent's decision receives special weight. Consult a licensed New Hampshire family law attorney before filing.