Best Child Custody Lawyers in New Hampshire

About Child Custody Law in New Hampshire, United States

Child custody law in New Hampshire focuses on the best interests of the child when determining parental rights and responsibilities after a separation or divorce. The state uses the term "parental rights and responsibilities" instead of "custody," but the concepts are similar to those used elsewhere. Decisions can be made by agreement between parents or, if no agreement is possible, by the court. Courts aim to ensure that children have frequent and continuing contact with both parents unless this would not be in the child's best interests.

Why You May Need a Lawyer

While some parents are able to come to a mutually agreeable custody arrangement, many situations require legal guidance or representation. You may need a lawyer if:

• There is a dispute over primary residential responsibility, decision making, or visitation schedules.
• One parent is relocating, which could affect parenting time or responsibilities.
• There are allegations of abuse, neglect, or substance abuse involving a parent.
• There are concerns about child safety or well-being with one parent.
• A parent is not complying with an existing parenting plan or order.
• Modifying an existing court order becomes necessary due to changed circumstances.
• Difficulties arise in communication or negotiation with the other parent.
• Cases involve complex issues such as interstate or international travel, or third-party custody.

Local Laws Overview

New Hampshire’s child custody laws are outlined primarily in RSA 461-A of the New Hampshire Statutes. Here are key points:

• Parental Rights and Responsibilities: The court distinguishes between "decision-making responsibility" (legal custody) and "residential responsibility" (physical custody).
• Best Interests of the Child: Courts base their rulings on a wide range of factors designed to serve the child's welfare, including the relationship with each parent, stability, and the ability of each parent to meet the child’s needs.
• Parenting Plans: Parents are encouraged to create a written parenting plan. If they cannot agree, the court will impose a plan.
• Preference for Shared Parenting: The state encourages joint decision-making and shared residential responsibilities where possible.
• Relocation: A parent wishing to relocate with a child must provide notice and, if contested, the court will decide based on the child’s best interests.
• Modification: Existing orders can be modified if there is a substantial change in circumstances affecting the child.
• Enforcement: New Hampshire courts can enforce and modify orders from other states, following the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
• Parental Conduct: The court does not automatically favor either parent based on gender or financial status.

Frequently Asked Questions

What is the difference between "parental rights and responsibilities" and "custody"?

In New Hampshire, "parental rights and responsibilities" is the legal term used for both physical and legal custody. Physical custody (residential responsibility) refers to where the child lives, and legal custody (decision-making responsibility) refers to who makes important decisions for the child.

How does a court decide who gets custody?

The court considers what is in the best interests of the child, examining factors such as the child's relationship with each parent, the child's needs, each parent's ability to provide care, and the child’s adjustment to home, school, and community.

Do mothers automatically get custody in New Hampshire?

No. New Hampshire law does not favor mothers over fathers. Both parents are treated equally, and custody decisions are made based solely on the best interests of the child.

Can children choose which parent to live with?

There is no set age at which a child can choose. However, the court may consider the preference of a mature and intelligent child along with all other factors affecting the child’s best interests.

What is a parenting plan?

A parenting plan is a detailed document outlining how parents will share decision making and residential responsibility, holiday schedules, transportation, and how disputes will be resolved. The plan must be approved by the court.

What happens if one parent wants to move with the child?

If the move will significantly affect the child’s relationship with the other parent, the moving parent must give advance notice. The court will consider whether the relocation is in the child’s best interest and may modify the parenting plan if necessary.

How are custody arrangements enforced?

If a parent refuses to comply with the set parenting plan, the other parent can file a motion to enforce the order. Courts may impose sanctions, change the order, or take other steps to ensure compliance.

Can custody orders be changed?

Yes. If there has been a substantial change in circumstances that affects the child's best interests, a parent can petition the court to modify the existing order.

What if the parents are not married?

Both unmarried and married parents have the same rights and responsibilities. However, for unmarried fathers, paternity must be legally established before custody or parenting time can be determined.

Do grandparents have custody or visitation rights?

In some cases, grandparents may petition the court for visitation or custody if it is in the best interests of the child and certain criteria are met. These cases are evaluated individually by the court.

Additional Resources

If you need more information or assistance, these resources may be helpful:

• New Hampshire Judicial Branch - Family Division: Provides forms, procedural information, and guidance on custody cases.
• New Hampshire Bar Association: Offers a Lawyer Referral Service and legal resources for family law.
• New Hampshire Legal Assistance: Nonprofit organization offering free or low-cost legal services for eligible individuals.
• NH Department of Health and Human Services - Division of Child Support Services: Support for enforcement of child and parental support orders.
• Local family mediators and counseling services: Can help parents create workable parenting plans and resolve disputes.

Next Steps

If you are facing a child custody issue in New Hampshire, here are steps to consider:

• Gather all relevant documents such as birth certificates, existing court orders, and any written agreements with the other parent.
• Consider your goals and the arrangement you believe is best for your child.
• Consult with an experienced New Hampshire family law attorney to understand your rights and the specific laws that apply to your case.
• If you and the other parent can communicate, try to discuss a mutually agreeable parenting plan before going to court.
• If agreement is not possible, be prepared to participate in court proceedings and provide evidence supporting your position.
• Use local resources such as legal aid, mediation services, and the family division of the New Hampshire court system as needed.

Legal issues surrounding child custody can be emotionally complex and legally challenging. Taking prompt and informed action with professional assistance can help protect your child’s best interests and your parental rights.