Child Custody in New Hampshire

One of the most important aspects of the parenting plan is decision-making responsibility. In New Hampshire, joint decision-making responsibility is generally presumed to be in the best interest of the child, but the court can award decision-making authority to a single parent if the circumstances warrant. In many cases, when the parents agree to joint decision-making, the court will award it; however, the court is not required to do so. If the court rejects joint decision-making responsibility, it will provide its reasoning.

If the parents do not agree to joint decision-making responsibility, the judge may appoint a guardian ad litem to represent the child’s best interests. A guardian ad litem is someone the court appoints to represent the interests of the child or children in the family. The court can then decide whether to award joint decision-making responsibility or award it to a single parent. Again, if awarded to a single parent, the judge will provide her reasoning for that decision

Parents may Share Residential Responsibility

Residential responsibility is another important decision made by the court. Residential responsibility can be joint, meaning that the child lives approximately half the time with each parent. The judge may also award primary residential responsibility, which means that the child lives primarily with one parent and with the other for some more limited amount of time. A child living with one parent during the school week and alternate weekends with another parent is a common example of this situation. Finally, the judge could also award sole residential responsibility to one parent. As always, residential responsibility must be made considering only the best interest of the child.