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:
- 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 child, including but not limited to:
- the frequency of contact;
- whether the child has lived with the grandparent and for how long;
- 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;
- 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;
- the circumstances that 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;
- any preference or wishes expressed by the child; and
- 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)