Grandparents receive preference in child custody/substance abuse cases

Under a new law in the US state of New Hampshire, grandparents will receive preference in child custody cases that involve alcohol or drug abuse. This law is the first of its type in the US.

The law will become effective on 1 January 2018. It gives legal preference to grandparents seeking guardianship or custody of children whose parents are unable to take care of them due to drug or alcohol abuse or addiction.

The law also makes it more difficult to move a child from their grandparents’ care once they receive custody, as it requires judges to base their decisions on the best interest of the child. The new law also directs authorities to inform grandparents about the recourses available to them and the children in their care.

The author of the legislation, Representative Mariellen MacKay, said the aim of the law is to give grandparents preference over foster care when their grandchildren are no longer receiving proper care by their parents because of drug abuse.

New Hampshire has one of the highest per capita death rates in the US due to drug overdoses, with almost 500 dying last year.

The state’s child protection division has recorded an increase in cases of child abuse and neglect involving substance abuse. The Division for Children, Youth and Families reported that about 470 infants were born exposed to drugs last year in New Hampshire, prompting the state to install new procedures requiring more aggressive intervention to help at-risk infants and toddlers.