Grandparent Rights

Serving New Hampshire and Massachusetts

Parents generally have near total authority over who can and cannot spend time with their children. However, in cases of divorce, estrangement, or other family situations, grandparents may find they need to establish their right to visitation with their grandchildren.

Grandparents interested in obtaining a legal right to visitation with their grandchildren should speak with our experienced grandparent rights lawyers. Grandparent rights law is complicated, and navigating these legal challenges should not be attempted without assistance from experienced legal counsel.

The lawyers at Lydon Law represent grandparents throughout New Hampshire and Massachusetts. We have taken a grandparent rights case all the way to the New Hampshire Supreme Court and are regularly called upon to help grandparents obtain visitation rights. To put our expertise to work for you, contact Lydon Law today.

Our Grandparent Rights Lawyers Fight for Visitation Rights

In New Hampshire, grandparents can seek reasonable visitation rights with their minor grandchildren so long as access by the grandparent to the child has not otherwise been restricted. Before a grandparent can seek visitation rights, the nuclear family cannot exist. The parents of the grandchild must have been separated by divorce, death, termination of parental rights, or some other reason. Stated another way, two married parents can prevent grandparents from seeing their grandchildren.

There are several circumstances in which courts will consider awarding grandparent visitation rights.

• The parents are divorced or have filed for divorce
• One or both of the parents are deceased
• One of the parents has had their parental rights terminated
• The child was born out of wedlock and paternity has been established
• Adoption of the child terminates grandparent rights

To determine whether grandparents should be allowed visitation, courts are guided by the “best interest of the child” and will consider:

• Whether visitation is in the best interest of the child
• Whether the visitation will interfere with any parent-child relationship or with a parent's authority over the child
• The nature of the relationship between the child and grandparent, including the frequency of contact, whether and how long the child lived with the grandparent, and whether the child's physical or emotional health would be endangered by visitation or lack of visitation
• The nature of the relationship between the grandparent and the child's parent, including whether friction exists and how that friction would affect the child
• The circumstances that caused the absence of a nuclear family, such as death, divorce, or relinquishment of parental rights
• Recommendations regarding visitation made by a guardian ad litem
• Preferences expressed by the child

How a Grandparent Rights Lawyer Can Help

When grandparents seek visitation rights, success is never guaranteed. The court will evaluate each case under the “best interests of the child” standard and the specific circumstances presented in each case. Grandparents should be prepared to show why the relationship with their grandchildren is important and how visitation would contribute positively to the child’s life. With solid evidence and effective legal representation, grandparents can secure visitation rights and continue to have a meaningful role in the lives of their grandchildren.

Help for Grandparents Seeking Custody of a Grandchild

The child’s parents generally have a presumptive right to custody. However, in cases where both parents are found to be unfit, a grandparent can seek to be appointed as the child’s guardian.