New Hampshire Grandparent Visitation Rights

Grandparents don't have an automatic right to visitation in New Hampshire — but under RSA 461-A:13 they can petition the court for reasonable visitation in specific circumstances. The court considers the statutory criteria, including the child's best interests, the effect on parent-child relationships and parental authority, the grandparent-child relationship, safety, and the circumstances that led to the absence of a nuclear family.

When Grandparents Can Petition

Under New Hampshire law, grandparents can file a petition for visitation when a qualifying family disruption has occurred. RSA 461-A:13 identifies circumstances including:

• Divorce or separation — the parents' breakup has resulted in one parent cutting off the grandparents on the other side of the family
• Death of a parent — the surviving parent or new custodial parent is preventing the deceased parent's parents from seeing the child
• Relinquishment or termination of parental rights — the nuclear family is absent because parental rights were relinquished or terminated
• Another cause of the absence of a nuclear family — the statute also covers another qualifying cause

Grandparents generally cannot petition for visitation when both parents are together and have jointly decided to limit contact. Courts give substantial deference to the decisions of fit parents about who has access to their children.

The Statutory Criteria

The court considers whether visitation is in the child's best interests; whether it would interfere with a parent-child relationship or a parent's authority; the nature of the grandparent-child relationship, including frequency of contact and whether the child lived with the grandparent; whether the child's physical or emotional health would be endangered; the relationship and friction between the grandparent and parent; the circumstances that resulted in the absence of a nuclear family; any guardian ad litem recommendation; and the child's wishes or other relevant factors.

What Courts Consider

In applying these statutory criteria, judges evaluate practical factors:

• The existing emotional bond between the grandparent and child
• The reason the parent is denying access — legitimate safety concerns carry more weight than personal grudges stemming from the divorce
• Whether the grandparent has been a primary caregiver at any point
• The child's wishes, if the child is old enough to express a meaningful preference
• Whether grandparent visitation would interfere with the parent's custody schedule or decision-making authority
• The grandparent's physical and mental health and ability to provide a safe environment

How Grandparent Visitation Interacts With Custody Orders

Grandparent visitation is separate from the parents' parenting-rights case, but the court must consider whether it would interfere with a parent-child relationship or a parent's authority. Any order should specify when visitation occurs, including whether it is during a parent's allotted time or during school breaks and holidays.

The parenting plan can also address grandparent access voluntarily. Many parenting plans include provisions giving grandparents regular access — a weekend per month, holidays, or participation in specific family events. Including this in the plan avoids the need for grandparents to petition the court separately.

Practical Considerations

For grandparents: Before filing a petition, consider whether mediation or direct negotiation with the parents might restore contact without court involvement. Litigation is expensive, time-consuming, and can further strain family relationships.

For parents: If you're considering limiting grandparent access, document your reasons. A judge will want to understand the specific basis for the decision — not just "I don't want them around." Safety concerns, undermining parental authority, or exposing the child to conflict between the grandparent and the parent are legitimate reasons. Personal animosity from the divorce is not.

The New Hampshire Child Custody & Parenting Plan Guide includes a section on structuring extended family access within your parenting plan, so grandparent visitation is addressed proactively rather than litigated after the fact.

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