NH Supreme court rules state law allowing grandparents to seek custody is constitutional
By USA, Lawyers Weekly
Publication: Lawyer's Weekly USA
Date: Monday, February 13 2006
The maternal grandmother of a child born out of wedlock could seek shared custody with the father without a showing that he was an unfit parent, the New Hampshire Supreme Court has ruled in upholding the constitutionality of a state statute allowing grandparent custody under a best interest standard.
The mother gave birth to a baby girl after a one-time sexual encounter with the father.
For the first six and one-half-years of the child's life, the father refused to take responsibility for her. During that time, the child lived approximately half the time in the mother's home and the other half in her maternal grandmother's home.
The father filed for custody after paternity tests established his parentage and because of the mother's continuing emotional and substance abuse problems.
The grandmother intervened, seeking joint custody under a state law allowing an award of custody to a grandparent or stepparent if the court determines that such an award is in the best interest of the child.
http://www.allbusiness.com/legal/3506427-1.html
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Did you sue on this basis? Maybe you should amend your complaint to include it.
ReplyDeleteI'm still working on it.
ReplyDelete