NH Kinship Financial Help Guide vs Hiring a Family Attorney
If you're choosing between a kinship benefits guide and hiring a family attorney to help you access financial assistance in New Hampshire, they solve different problems. An attorney handles legal proceedings — guardianship filings under RSA 463, court hearings, custody disputes. A benefits navigation guide handles administrative applications — FANF child-only cash grants, SNAP, Medicaid, the Child Care Scholarship, and the forms and income rules behind each one. Most kinship caregivers need benefits navigation first and legal help only if they're pursuing a guardianship order or appealing a denied benefit.
What a Family Attorney Does
A family attorney in New Hampshire handles legal matters: filing a guardianship petition with the Circuit Court, representing you in hearings, drafting legal documents that meet court e-filing requirements, and advising on custody disputes or DCYF involvement.
Attorney fees in New Hampshire for family law matters typically run $200 to $350 per hour. A straightforward minor guardianship petition under RSA 463 with no opposition might cost $1,500 to $3,000 in total fees. Contested matters go much higher.
For income-eligible families, 603 Legal Aid provides free legal representation for guardianship and kinship care matters through its statewide centralized intake system. New Hampshire Legal Assistance (NHLA) handles similar cases. 603 Legal Aid screens for income, New Hampshire residency, and case type; NHLA may be unable to take every eligible case because of budget constraints.
What a Benefits Guide Does
A benefits guide walks you through the administrative side: which financial programs the child qualifies for, how each program counts income, which forms to file, what documents to bring, and how your legal arrangement (informal care, power of attorney, guardianship, DCYF placement) changes what's available.
This is not legal work. Filing BFA Form 800 for FANF, applying for SNAP through NH EASY, or enrolling a grandchild in Children's Medicaid are administrative processes that any caregiver can do without an attorney. The difficulty is knowing which programs exist, understanding the income rules that apply to non-parent caretaker relatives specifically, and navigating the cross-program interactions.
| Factor | Family Attorney | Benefits Navigation Guide |
|---|---|---|
| Cost | $200–$350/hour (or free via 603 Legal Aid if eligible) | $24 one-time |
| Best for | Guardianship petitions, court proceedings, custody disputes | Benefit applications, income rules, program navigation |
| Covers FANF/SNAP/Medicaid | Rarely — most attorneys focus on legal proceedings, not benefit applications | Yes — step-by-step for each program |
| Covers guardianship filing | Yes, with legal representation | Explains how guardianship changes benefit eligibility, but doesn't file the petition |
| Ongoing availability | Billed per hour; engagement ends when the matter closes | Reference document you keep permanently |
| Income counting rules | Generally outside attorney expertise | Cross-program comparison by arrangement type |
Who Needs an Attorney
- Caregivers filing a guardianship petition under RSA 463 — especially if the birth parent may contest it
- Families involved with DCYF who need legal representation in child welfare proceedings
- Relatives who need to respond to a court action or enforce an existing order
- Anyone facing a complex custody dispute with multiple parties
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Who Needs a Benefits Guide
- Grandparents who already have informal custody or a guardianship order and need to understand what financial benefits the child qualifies for
- Relatives who assumed their own income disqualifies the child from cash assistance (it often doesn't — FANF's non-needy caretaker relative pathway excludes the caregiver's income entirely)
- Caregivers who need to apply for multiple programs (FANF, SNAP, Medicaid, childcare) and want to understand how income counting differs across them
- Family members helping from a distance who want to ship an organized reference to the primary caregiver
The Overlap Zone
There is one area where attorneys and benefits guides overlap: benefit denials. If DHHS denies a FANF or SNAP application, you have the right to a fair hearing. The Financial Help for Grandparents and Relatives Raising a Child in New Hampshire guide explains the fair hearing process, the filing deadline, and Aid Paid Pending rules for keeping existing benefits running during an appeal. For legal help with a public-benefit denial, NHLA's Public Benefits project handles cases involving programs such as FANF and SNAP; 603 Legal Aid is the statewide intake point for civil legal aid.
The other overlap is guardianship-related benefit eligibility. A guardianship order under RSA 463 changes which programs you can access — it opens the door to certain subsidies but does not automatically qualify you for foster-care-level payments unless the child was in DCYF custody first. An attorney handles the guardianship filing; the guide explains what that order means for your benefit applications afterward.
Why Not Both
For many kinship caregivers in New Hampshire, the practical sequence is:
- Start with benefits navigation — apply for FANF, SNAP, Medicaid, and other programs using the non-needy caretaker relative pathway. This requires no attorney and no court order.
- If you decide guardianship is right for your family, contact 603 Legal Aid or hire an attorney to file the petition.
- After the guardianship is granted, revisit the benefits guide to understand which additional programs the order unlocks.
The guide and an attorney are not substitutes for each other. They address different parts of the problem. Most families need the administrative navigation first, because the child needs food, health coverage, and cash assistance long before a court date.
Frequently Asked Questions
Do I need a lawyer to apply for FANF or SNAP for a grandchild?
No. Filing BFA Form 800 for FANF and applying for SNAP through NH EASY are administrative processes that any caregiver can complete without legal representation. The applications ask about the child's income, your living situation, and your relationship to the child — they don't require legal filings.
Can a lawyer help me understand income counting rules for kinship benefits?
Most family attorneys specialize in court proceedings, not public benefit applications. Benefit caseworkers handle eligibility determinations using DHHS policy manuals, which attorneys generally don't work with day-to-day. A benefits guide explains these rules in the detail a caregiver actually needs.
What if I can't afford an attorney for guardianship?
603 Legal Aid provides free legal representation for income-eligible families in New Hampshire, including guardianship petitions and kinship care matters. Apply online or by phone through its statewide centralized intake system to check eligibility. New Hampshire Legal Assistance (NHLA) is another option for income-qualified families.
Does the benefits guide include legal advice?
No. The guide explains which financial programs exist, who qualifies, how to apply, and how income counting works for each. It does not provide legal advice, custody recommendations, or court strategy. For legal matters, consult an attorney or contact 603 Legal Aid.
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