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Child visitation law in New Hampshire governs the rights and responsibilities of non-custodial parents and others seeking to spend time with a child after parents separate or divorce. In New Hampshire, visitation is generally called "parenting time" and is part of the broader set of rules and decisions around parental rights and responsibilities. The state encourages both parents to have frequent and meaningful contact with their children, unless there is a proven risk that such contact is not in the child's best interests. The family court system aims to develop parenting plans that reflect the best interests of the child while considering the circumstances of both parents.
Many situations can make legal guidance necessary for child visitation matters. If you and your child's other parent cannot agree on a parenting schedule, or if there are disputes about modifying an existing agreement, a lawyer can help you navigate the court process and advocate for your interests. Legal help may also be needed if one parent seeks to relocate, if there are concerns about the safety or well-being of the child, if a parent refuses to follow the visitation order, or if a non-parent such as a grandparent seeks visitation rights. Having an attorney can be especially important in cases involving complex family dynamics, allegations of abuse, or out-of-state custody issues.
New Hampshire law requires that parental rights and responsibilities, including visitation, be determined according to the best interests of the child. State law encourages shared parenting, but the exact arrangement depends on individual circumstances. Parenting plans are usually developed by mutual agreement through negotiation or mediation, or, if an agreement cannot be reached, by a family court judge. The law also provides specific guidelines for modifying existing parenting plans and for enforcing visitation orders. In cases where a parent is alleged to be a risk to the child, New Hampshire courts can order supervised visitation or place other restrictions as needed. Special provisions exist for military families and for cases involving domestic violence.
In New Hampshire, "custody" refers to parental rights and responsibilities, including decision-making for the child. "Visitation," or parenting time, refers to when the child spends time with each parent.
Visitation is decided according to the best interests of the child, based on many factors like each parent's living situation, the child's needs, and the existing relationship between the parents and the child.
Visitation can only be denied if there is evidence that it would endanger the child physically, emotionally, or psychologically. The court may order supervised visitation instead of outright denial.
In certain circumstances, New Hampshire allows grandparents and sometimes other third parties to request visitation if it serves the best interests of the child and certain legal criteria are met.
Parents are asked to work together to create a parenting plan. If agreement is not possible, the court will establish a plan after considering the evidence from both sides.
You can file a motion for contempt with the court. The court can enforce the order and may impose penalties for non-compliance.
Yes, if circumstances change significantly, you can request a modification of the existing order by petitioning the court.
Relocation cases are complex. The parent must notify the other parent and, if there is disagreement, the court will determine whether the move is in the child's best interests.
Most courts in New Hampshire encourage mediation to resolve visitation disputes. If mediation fails, the matter will go before a judge.
No. New Hampshire law does not favor one parent over the other. Both parents are regarded as equally important unless evidence suggests otherwise.
There are several resources in New Hampshire for those facing child visitation issues. The New Hampshire Judicial Branch Family Division offers forms, guidelines, and information about the process. The New Hampshire Legal Assistance program may provide free or reduced-cost legal services for low-income individuals. The NH Department of Health and Human Services Child Support Services can help with support and enforcement questions. Additionally, local bar associations and family law attorneys can provide referrals and advice.
If you are facing a child visitation issue in New Hampshire, start by gathering all relevant documents, such as existing court orders and any communication with the other parent. Consider reaching out to local legal aid organizations or consulting with a qualified family law attorney to discuss your rights and options. Mediation can be a helpful first step, but if an agreement cannot be reached, you may need to file a motion with the family court. Be prepared to present evidence and express your concerns clearly, always focusing on what is in the best interests of the child.
