Child Custody Attorney in Manchester

Is New Hampshire a Mother State?

The courts in New Hampshire do not give custody to the mother solely because she is the mother. Rather, their primary focus is to make a decision that is in the best interests of the child. Depending on a variety of factors, either the father or mother (or both) could be awarded custody. Unless circumstances preclude it, the New Hampshire courts would like to see frequent interaction between both parents and the child regardless of who has primary custody.

What Age Can a Child Decide Which Parent to Live with in New Hampshire?

In short, no. It is not ultimately up to the child to decide which parent to live with in New Hampshire. However, it is possible the judge would consider the preferences of the child when making a judgement. The judge will only do this if the child is mature enough to be weighing in on the matter. If there is any evidence that one of the parents is trying to bribe the child to say a certain thing, then this would clearly indicate that the child’s preferences should not be considered. Keep in mind that there is not a requirement that says the judge must consider the child’s preferences, only that a judge can if it seems appropriate.

Brennan Lenehan Iacopino & Hickey Fights for Your Child’s Best Interests

Parenting Plans outline the agreement of the parties or court-ordered decision between parents as to how decisions will be made regarding the children. It will outline the routine parenting schedule and how vacations and holidays will be shared.

At Brennan Lenehan Iacopino & Hickey, we seek to craft a plan that fits your family and especially your children’s needs.

Why choose our family law firm?

• 40+ years’ experience serving families in New Hampshire
• Individualized service that meets your needs
• Bilingual services and representation
• History of proven success in litigation

Our Manchester child custody lawyers can work with you to navigate your circumstances and work towards a solution that is beneficial for you and your children.

How Are Custody Decisions Made in New Hampshire?

In New Hampshire, the term “custody” was replaced by a parenting plan. Instead of having a custodial parent and a non-custodial parent, the courts wanted to encourage better and fuller relationships with both parents. However, the court still awards parents shared decision-making responsibilities or sole decision-making responsibilities.

Factors to be considered by a court in making its’ decision are outlined in N.H. RSA 461-A:6.

Those factors include, but are not limited to:

• The child’s relationship with each parent
• Each parent's ability to assure the child receives medical care, food, and shelter
• A child’s developmental needs
• Child’s adjustment to school and community
• The ability of each parent to foster the relationship between the child and the other parent
• The ability of the parents to communicate with each other

Once the divorce is final, parents will be awarded either shared decision making (the presumptive award) or sole decision making (rarely, but occasionally awarded).

Types of Custody in New Hampshire

Legal custody - In New Hampshire, this type of custody is referred to as “decision-making responsibility”. It refers to the responsibility the parent(s) have to make major decisions in the child’s life such as education, religious activities, medical choices, etc.

Joint decision-making responsibility – Generally, New Hampshire courts prefer that both parents have the responsibility to make these major life decisions on behalf of the child. Of course, the court will only award this responsibility to one parent if it deems fit.

Physical custody – In New Hampshire, this type of custody is referred to as “residential responsibility”. It determines which parent the child will live with. The courts will determine how much time the child will live with each parent. Sometimes, it makes sense for the child to live full-time with one parent and have a visitation schedule with the non-custodial parent.

Schedule a Consultation with a Manchester Child Custody Lawyer

With Brennan Lenehan Iacopino & Hickey on your side, you benefit from decades of experience and the resources of an established firm. We are equipped to handle your case from start to finish while keeping your needs and preferences at the forefront. We provide straightforward communication about your options and help you make informed decisions that will affect your future.