New Hampshire legislators changed the word “custody” to “parental rights and responsibilities.” Separated or divorcing spouses should use this less confrontational phrase to describe what happens to their children.
In the state of New Hampshire, standard custody language that has been in use for decades is no longer in use. To replace the phrase “legal custody,” the term “decision-making responsibility” has been used. Although the terminology has changed, the term still alludes to the role of a parent in making significant decisions on a child’s health, education, and overall well-being.
In determining parental rights and responsibilities, the court shall be guided by the best interests of the child, and shall consider the following factors:
- The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.
- The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
- The child’s developmental needs and the ability of each parent to meet them, both in the present and in the future.
- The quality of the child’s adjustment to the child’s school and community and the potential effect of any change.
- The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, including whether contact is likely to result in harm to the child or to a parent.
- The support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact, including whether contact is likely to result in harm to the child or to a parent.
- The support of each parent for the child’s relationship with the other parent, including whether contact is likely to result in harm to the child or to a parent.
- The relationship of the child with any other person who may significantly affect the child.
- The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children, including whether contact is likely to result in harm to the child or to a parent.
- Any evidence of abuse, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
- If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.
- Any other additional factors the court deems relevant.
It is not permissible for the court to give a preference to one parent over another because of the child’s sexual orientation, the sexual orientation of a parent, or the financial resources of a parent.
Joint Custody
According to New Hampshire law (NH Rev Stat § 461-A:5), shared decision-making duty is in the best interests of minor children when it is “joint” decision-making responsibility.
That implies that, until the court is convinced differently, both parents have a right to participate in crucial decisions about their children. If a parent has been abused, for example, a judge may rule that shared decision-making should not be allowed. If a judge refuses to participate in collaborative decision-making, he or she must explain why.
Modification of Parental Rights & Responsibilities
In any of the following conditions, the court may amend a permanent order governing parental rights and responsibilities:
- The parties agree to a modification;
- If the court finds repeated, intentional, and unwarranted interference by a parent with the residential responsibilities of the other parent, the court may order a change in the parental rights and responsibilities without the necessity of showing harm to the child;
- If the court finds by clear and convincing evidence that the child’s present environment is detrimental to the child’s physical, mental, or emotional health, and the advantage to the child of modifying the order outweighs the harm likely to be caused by a change in environment;
- If the parties have substantially equal periods of residential responsibility for the child and either each asserts or the court finds that the original allocation of parental rights and responsibilities is not working;
- If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live. Under these circumstances;
- The modification makes either a minimal change or no change in the allocation of parenting time between the parents, and the court determines that such change would be in the best interests of the child;
- If one parent’s allocation of parenting time was based in whole or in part on the travel time between the parents’ residences at the time of the order and the parents are now living either closer to each other or further from each other by such distance that the existing order is not in the child’s best interest;
- If one parent’s allocation or schedule of parenting time was based in whole or in part on his or her work schedule and there has been a substantial change in that work schedule such that the existing order is not in the child’s best interest.
When it comes to modifying an existing parental rights and responsibilities order, keep in mind that every modification decision must be made with the child’s best interests in mind.
Read the complete New Hampshire Parental Rights and Responsibilities Law