Custody preference for grandparents?

HB 629 would make it easier for grandparents to get custody of their grandchildren in situations where a parent or parents are suffering from a substance abuse problem.

The bill has passed the New Hampshire House and is now being considered by the Senate. It makes several changes to state law that would give grandparents more power when trying to get guardianship of their grandchildren in situations where a parent has a substance abuse or dependence problem.

If the bill passed, it would lower the bar for the burden of proof grandparents must demonstrate in order to win a suit for custody in cases where a parent has a substance abuse problem. Instead of requiring them to present clear and convincing evidence that it is in the child's best interest that they be placed under guardianship, the lower standard of a preponderance of evidence would be considered sufficient to award them the case.

The same principle would hold in reverse in situations where a parent wishes to terminate a grandparent's custody of a child, with parents only required to show by a preponderance of evidence that custody of their children should be restored.

Finally, the bill would give grandparents preference when a guardian is being sought for the child of a parent with a substance abuse issue.

Supporters of HB 629 argue that under current law, grandparents have little power to advocate for their grandchildren in court, yet they are often the ones best positioned to be aware of children endangered by a parent’s drug addiction. When it is determined that a child does need to be removed from the home, they hold that it is in his or her best interest to remain with a family caregiver, as opposed to being relegated to foster care.

Opponents express concern that the bill could constitute a violation of parental rights, by placing the burden of proof on parents who wish to retain custody of their own children. Others question whether grandparents are necessarily the best caregivers for children, as they may have health or financial issues that impede their ability to provide adequate support.

Should grandparents be given preference when petitioning for custody of children whose parents have substance abuse issues? Leave a comment below to join the discussion, and we'll present your thoughts to legislators considering this issue. Only comments from NH residents will be counted, so please indicate if you are from NH in your response.