Grandparent Visitation Petition - New Hampshire

Before filing: Complete every applicable field, attach proof of paternity or legitimation when required, and file the separate Personal Data Sheet (NHJB-2077-F) with the correct fee. Family Division Rule 2.3(E) requires this petition to contain all information called for by the court's grandparent visitation form NHJB-2228-F.

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

If the parents were married, date of marriage: [__/__/____]

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: [____________]

Child's residences during the last five years (start with current residence; attach a continuation page if needed):

Nonparties with physical custody or a claimed custody, physical custody, or parenting-time right: ☐ None ☐ The following persons (names and addresses): [____________]

2.3 Other proceedings.

☐ Petitioner has never participated in a case concerning the child's custody, visitation, parenting time, or placement in any state.

☐ Petitioner has participated in such a case. Court/state: [____________]; case number: [____________]; date of order: [____________]. Attach details of additional cases.

☐ No other proceeding in any state affects a named child or parent, including an enforcement, protective-order, domestic-relations, paternity, legitimation, adoption, juvenile, or parental-rights proceeding.

☐ Such a proceeding exists. Court/state: [____________]; case number: [____________]; type of case: [____________]. Attach details of additional proceedings.

Identifying-information safety allegation (optional): ☐ Petitioner alleges under oath that disclosure of identifying information in this Petition would endanger Petitioner's or a child's health, safety, or liberty. Supporting facts: [____________]

Public assistance for any named child: ☐ No TANF now or in the last six months and no current Medicaid. ☐ TANF now or in the last six months, or current Medicaid. If the second box is checked, mail a copy of this Petition and the Personal Data Sheet (NHJB-2077-F) to New Hampshire DHHS, Bureau of Child Support Services — Legal Unit, 129 Pleasant Street, Concord, NH 03301, as directed by NHJB-2228-F.

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 Adoption and existing rights — RSA 461-A:13, III, V-VI. A stepparent adoption does not categorically bar a grandparent-visitation petition: paragraph III expressly provides a filing route after one. On motion of an original party, the court may modify or terminate an existing visitation order for changed circumstances under paragraph V. Paragraph VI preserves the rights of the child, natural parent, guardian, and adoptive parent under the cited laws.

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.

I acknowledge a continuing duty to inform the Court of any court action in New Hampshire or another state that could affect a child named in this Petition.

_________________________________
[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. The court will issue its Notice to Respondent. A party who intends to participate must file a written Appearance within fifteen days after receiving that notice. A separate responsive pleading is generally optional under Family Division Rule 2.5(B), unless alimony or other affirmative relief is sought; follow the Clerk's notice for any response deadline. You may be represented by an attorney.

XII. SERVICE RECORD

For an individual petition, the court first attaches a Notice to Respondent and appearance form and offers the respondent an opportunity to accept service at court. If service is not accepted, the court forwards the petition to the petitioner for service. N.H. Cir. Ct. Fam. Div. R. 2.4(B). At that stage, use certified mail with restricted delivery signed by the addressee only, or sheriff service; an authorized officer serves an out-of-state respondent. File the return receipt or officer's return as proof. If these methods are infeasible or unsuccessful, request another method by motion under Rule 2.4(C).

Respondent: [____________] Date served: [__/__/____]

Method: ☐ Accepted at court ☐ Certified mail, restricted delivery ☐ Sheriff or authorized out-of-state officer ☐ Court-approved alternate method

Return receipt or officer's return filed: [__/__/____]

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.
• N.H. Cir. Ct. Fam. Div. R. 2.3(E), (F), (G) — petition contents, Personal Data Sheet, and fee; Rule 2.5(A)-(B) — appearance and responsive pleading.
• Official form: Petition for Grandparent Visitation, NHJB-2228-F, NH Judicial Branch. This Petition includes its information fields; the court form is also available for use.

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.