Legal Information: New Hampshire


December 9, 2022

Can a grandparent or step-parent get visitation?

The judge can award reasonable visitation rights to a child’s step-parent if the judge believes that visitation is in the best interest of the child.1 If a grandparent petitions the court for visitation, the judge must consider the following factors when making this determination:

  1. whether such visitation would be in the best interest of the child;
  2. whether such visitation would interfere with any parent-child relationship or with a parent’s authority over the child;
  3. the nature of the relationship between the grandparent and the child, including but not limited to:
  4. the frequency of contact;
  5. whether the child has lived with the grandparent and for how long;  
  6. whether there is reasonable cause to believe that the child’s physical and emotional health would be endangered by having visitation or by not having visitation;
  7. the nature of the relationship between the grandparent and the child’s parent, including whether there is friction and the effect such friction would have on the child;
  8. the circumstances that resulted in the absence of a nuclear family, whether divorce, death, relinquishment or termination of parental rights, or other cause;
  9. the recommendation regarding visitation made by any guardian ad litem appointed for the child;
  10. any preference or wishes expressed by the child; and
  11. any other factors that the judge thinks are appropriate or relevant to the petition for visitation.2

1 N.H. Rev. Stat. § 461-A:6(V)
2 N.H. Rev. Stat. § 461-A:13(II)

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