Emergency Guardianship in New Hampshire: How Relatives Get Immediate Court Authority

When a Child Needs Protection Right Now

A grandchild shows up at your door at 10 PM because their parent was just arrested. The child needs to see a doctor on Monday and start school next week — and you have no legal authority over them at all. New Hampshire's emergency guardianship process exists for exactly this situation.

Under RSA 463:7, a relative can file an ex parte petition in Circuit Court asking a judge to grant temporary guardianship without waiting for a full hearing. The court can issue the order the same day if the sworn facts show the child faces likely immediate or irreparable harm.

Who Can File and Where

Any person interested in the welfare of the minor can petition for emergency guardianship. In practice, this means grandparents, aunts, uncles, adult siblings, or close family friends who are already caring for the child.

You file in the Circuit Court — Family Division for guardianship of the person, or Probate Division if you also need authority over the child's estate. The court uses standardized Judicial Branch forms (NHJB series), and self-represented litigants can file through TurboCourt, the court's e-filing portal.

What the Ex Parte Petition Requires

The petition must include sworn facts — not just general claims — demonstrating that the child will suffer immediate or irreparable harm without court intervention. Judges look for specifics:

• The parent's current circumstances (hospitalization, incarceration, untreated addiction, abandonment)
• Where the child is living right now and who is providing care
• Why the standard petition timeline would put the child at risk
• What medical, educational, or safety needs are unmet

You'll also need the child's full name, date of birth, and current address, plus the names and addresses of both parents (or a Diligent Search Affidavit explaining why you cannot locate them).

The 30-Day Expiration Clock

Here's what catches many caregivers off guard: an ex parte guardianship order under RSA 463:7 expires automatically after 30 days. If the affected party — usually the parent — requests a hearing, it must be held within 5 days.

To extend the order pending notice, you must provide proof satisfactory to the court that you made a due and diligent effort to provide it with the required names and addresses. The court must expressly find both that you made that effort and that the minor is still at risk.

What the Emergency Order Lets You Do

While it's active, a temporary guardianship order appointing you as guardian gives you the powers and responsibilities of a parent under RSA 463:12, subject to any limits in the statute or court order. That means you can:

• Enroll the child in your local school district
• Consent to medical, dental, and mental health care
• Access educational and medical records
• Apply for benefits on the child's behalf through NH EASY
• Sign school permission slips, field trip waivers, and extracurricular forms

Planning Beyond the 30 Days

The emergency order buys time, but it's not a long-term solution. Before it expires, you need either:

A full guardianship petition under RSA 463 — This goes through the standard hearing process with proper notice to both parents. If parental unfitness stems from drug abuse or dependency, HB 629 (effective January 1, 2018) gives grandparents a statutory preference as guardian.

A parental delegation — If a parent or guardian can make an appointment under RSA 461-A:19-a, they may appoint you as temporary agent for up to 60 days. The document needs the parent's or guardian's signature (or must be signed at their direction), two adult witnesses (neither of whom is you), and your written acceptance. Other-parent, parenting-plan, court-placement, and child-protection restrictions apply under subsection III.

Either path requires preparation. The emergency order gets the child into school and into the doctor's office immediately — use that breathing room to get the longer-term paperwork in order.

Free Help Filing

Filing for emergency guardianship can feel overwhelming, especially if you've never been inside a courthouse. These resources can help:

• 603 Legal Aid: Free legal assistance for low-income New Hampshire residents — call (603) 224-3333 or 1-800-639-5290 (phone intake Monday–Wednesday, 9 AM–12:30 PM)
• NH Kinship Navigation Program: Dial 2-1-1 to reach a resource specialist and find a local Family Resource Center with a Kinship Navigator.
• NHBA Lawyer Referral Service: Modest-means reduced-rate referrals at (603) 715-3290

For a complete walkthrough of the consent documents, school enrollment steps, and medical authorization process that follows an emergency order, the School and Medical Consent Guide for New Hampshire puts every form, deadline, and escalation path in one place.

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