Modification of a Guardianship

In a Supreme Court case entitled In Re Guardianship of Reena D., the New Hampshire Supreme Court held that even when a parent has previously consented to a guardianship, they do not lose the presumption that a parent has a fundamental right to parent their children as they see fit.  The Court held that a non parent seeking to maintain guardianship over a minor child must establish by clear and convincing evidence that the parent of that child is unfit to care for that child because of a finding of abuse, neglect or because of a termination of parental rights in a Court proceeding.  The New Hampshire Supreme Court’s Decision in this case upholds prior Decisions that have  upheld the rights of parents to parent their children as they see fit except when there is clear and convincing evidence that the parent is deemed unfit because of abuse or neglect of their children or because other standards justifying termination of their parental rights have been found.  This case may have implications in cases where grandparents or other family members are seeking to obtain guardianship or parental rights over a child.

To learn more about this case, visit the NH Supreme Court Opinions page.