New Hampshire Guardianship of a Minor Petition

Introduction

Key Things to Know

1. 1

   New Hampshire's probate court has exclusive jurisdiction over a guardianship of a minor, but the Circuit Court's Family Division is where these cases are filed and heard, not the Probate Division that handles incapacitated-adult guardianships under RSA 464-A. The proceeding is a Petition for Guardian of Minor under RSA chapter 463, and the state requires e-filing statewide; the petition, NHJB-2162-FPe, is generated through the e-filing system itself, and the court's e-filing process controls over a paper draft.

2. 2

   An Ex Parte (Emergency) Motion, NHJB-2076-DFPe, can produce a temporary guardian order on a sworn showing that the minor will or is likely to suffer immediate or irreparable harm. That ex parte order expires 30 days after it is entered, though it can be extended pending notice on the required persons if the petitioner shows due diligence, and a person subject to the order can demand a hearing, which the court must hold within 5 days.

3. 3

   Notice of the hearing goes by certified mail, return receipt requested, to both parents and to anyone who had the minor's principal care and custody in the 60 days before filing; first-class mail also goes to the minor if 14 or older, the proposed guardian, and other relatives the statute lists. RSA 463:6 sets no fixed minimum number of days between notice and the hearing; the court simply sets a hearing date.

4. 4

   A minor's consent is not required for the court to appoint a guardian. Turning 14 instead gives the minor the right to receive notice, attend the hearing, and petition the court on their own behalf or to end the guardianship later; the court must ask the minor's preference and give it weight under the circumstances.

5. 5

   If a parent consents in writing before the court, and the court finds the consent voluntary and knowing, the court may proceed to a hearing and grant the petition. If a parent objects, the petitioner must prove by clear and convincing evidence that substituting or supplementing parental care is required for the minor's essential physical or safety needs, or to prevent specific and significant psychological harm, except that a grandparent petitioning because of a parent's substance abuse or dependence need only meet a lower, preponderance-of-the-evidence standard, and the court must give that grandparent a preference.

6. 6

   For a guardianship of the person, unless the proposed guardian is an agency or institution, the court reviews the proposed guardian's criminal-conviction record and the DHHS child abuse and neglect registry; it may appoint a guardian before the records come back and re-examine the appointment once they arrive. Releases are also required for every other adult living in the minor's home, filed within 10 days of the petition. A guardian ad litem is appointed only at the court's discretion, and RSA 463 does not require a pre-appointment training course.

7. 7

   Bond is not automatic for either type of guardianship: a bond for a guardian of the estate issues only when the court orders one, and it can be a bond without sureties; a guardian of the person alone needs no bond. This guardianship does not terminate a parent's parental rights and is not adoption; a parent may later petition to end it, though if the guardianship was created by the parent's own consent, the burden shifts to the guardian to prove by clear and convincing evidence that it should continue, except in a grandparent substance-abuse case, where the burden stays on the parent.

New Hampshire Requirements for Guardianship of a Minor Petition

• Circuit Court Family Division Handles the Case

  RSA 463 gives the probate court exclusive jurisdiction over a guardianship of a minor, but the Circuit Court's Family Division is where these cases are actually filed and heard, not the Probate Division that handles incapacitated-adult guardianships under RSA 464-A.

• Statewide E-Filed Petition, NHJB-2162-FPe

  New Hampshire requires e-filing statewide for a new guardianship of a minor case, and the Petition for Guardian of Minor, NHJB-2162-FPe, is generated through the e-filing system itself; the court's e-filing process controls over a paper draft.

• 30-Day Ex Parte Emergency Order

  An Ex Parte (Emergency) Motion, NHJB-2076-DFPe, can produce a temporary guardian order that expires 30 days after it is entered, though it can be extended pending notice on the required persons if the petitioner shows due diligence, and a person subject to the order can request a hearing, which the court must hold within 5 days of the request.

• Certified-Mail Notice to Parents and Caregivers

  Notice goes by certified mail, return receipt requested, to both parents and to anyone who had the minor's principal care and custody in the 60 days before filing; RSA 463:6 sets no fixed minimum number of days between notice and the hearing.

• Grandparent Preference in Substance-Abuse Cases

  When a petition is based on a parent's substance abuse or dependence, the court must give a preference to a grandparent seeking guardianship, and that grandparent need only prove the case by a preponderance of the evidence rather than the clear-and-convincing standard that otherwise applies over a parent's objection.

• Mandatory Background Checks for the Household

  For a guardianship of the person, the court reviews the proposed guardian's criminal-conviction record and the DHHS child abuse and neglect registry, and may appoint before the records return and re-examine the appointment afterward; releases for every other adult in the minor's household are due within 10 days of the petition.

• Bond Is Discretionary, Not Automatic

  A bond for a guardian of the estate issues only when the court orders one, and the court may order a bond without sureties instead of a full surety bond; a guardian of the person alone needs no bond.

• Guardianship Does Not Terminate Parental Rights

  A New Hampshire guardianship does not end a parent's parental rights and is not adoption; a parent may later petition to end it, though if the guardianship began with the parent's own consent, the burden shifts to the guardian to prove by clear and convincing evidence that it should continue, except in a grandparent substance-abuse case, where the burden stays on the parent.

• Military Nomination Is a Narrow Out-of-Court Route

  An activated military parent with sole primary physical custody may sign a notarized nomination under RSA 463:18-a that takes effect immediately as a temporary guardian appointment with no separate court filing needed to start, but it expires 7 days after activation or when the court grants a guardianship, whichever is sooner.