| The Best Interests of the Child: The Standards of New Hampshire Custody Law by Jessica L. Singer, Esq |
One of the most difficult and emotionally charged issues faced during divorce is what will happen to the children. Parents frequently ask—
“Can he take away my children?”—“Can she leave the state with the children without telling me?”—“When will I get to see the kids?” These
questions do not have simple answers, but New Hampshire’s legal standards help navigate parents through these turbulent waters.
The best thing parents can do when they are in the midst of a divorce is to agree on decision-making responsibilities and a parenting time
schedule. If the parents can make a schedule that will work best for the children, the entire process will likely become much less difficult for
everyone. Sometimes all parents need is a neutral third party, such as a marital mediator, to assist in making these decisions.
However, agreeing to a parenting schedule is often easier said than done. Divorce often brings feelings of anger, mistrust, jealousy, or
betrayal between the parties, making communication very difficult. Sometimes other, more enduring issues, such as mental health issues,
substance abuse problems, or even abusive or neglectful behavior are involved. In these more difficult cases, the Court
usually makes the final determination about a parenting schedule.
There are two basic types of parental rights and responsibilities: “decision-making” and “residential.” Decision-making responsibilities
involve all major parenting decisions: schooling, doctors, religion, etc. Residential responsibility deals with where the children physically
live. In New Hampshire, there is a rebuttable presumption that joint decision-making responsibility is in the best interests of the children. In
other words, a parent who thinks joint decision-making would be inappropriate has the burden to prove why he or she believes that is so.
In making the determination about parenting rights and responsibilities in the event of a divorce or relationship breakdown, the Court relies
on RSA 461-A:6. This New Hampshire statute states that the Court will be guided by specific factors to determine what is in the best
interests of the children. One of the factors the Court will likely consider is the report of the Guardian ad Litem.
In a contested divorce or parenting matter, either party may request that a Guardian ad Litem (GAL) be appointed, or the Court may appoint
one on its own initiative. A GAL is trained and certified to make an independent determination as to what he or she believes is in the best
interest of the children. The GAL will generally interview both parents, the child or children, friends and family members, teachers, doctors,
and other relevant persons in order to glean the entire picture of the family situation. The GAL is usually required to submit one or more
written reports to the Court about his or her findings, and, as a party to the case, generally appears at all hearings. Usually the GAL’s
report will include some specific recommendations to the Court that he or she believes will be in the best interest of the children in the
case.
In conclusion, there is no hard and fast rule relating to “custody” – or parental rights and responsibilities in New Hampshire. There is a
presumption in the law that joint decision-making responsibility is in the best interests of the children, however as explained above, this
presumption can be rebutted. A parent’s best chance of securing a schedule that works for him or her is to make an agreement with which
both parents can live. If that is not a possibility, buckle up, because the battle is likely going to be a long, bumpy and expensive ride.
Jessica L. Singer, Esq., is an attorney at Donahue, Tucker & Ciandella, PLLC, and works at both the Firm’s Exeter (225 Water Street) and
Portsmouth (104 Congress Street) offices. Jessica specializes in the areas of Family Law and Real Estate Law. For further information,
Jessica can be reached at 603-766-1686 or www.dtclawyers.com.
“Can he take away my children?”—“Can she leave the state with the children without telling me?”—“When will I get to see the kids?” These
questions do not have simple answers, but New Hampshire’s legal standards help navigate parents through these turbulent waters.
The best thing parents can do when they are in the midst of a divorce is to agree on decision-making responsibilities and a parenting time
schedule. If the parents can make a schedule that will work best for the children, the entire process will likely become much less difficult for
everyone. Sometimes all parents need is a neutral third party, such as a marital mediator, to assist in making these decisions.
However, agreeing to a parenting schedule is often easier said than done. Divorce often brings feelings of anger, mistrust, jealousy, or
betrayal between the parties, making communication very difficult. Sometimes other, more enduring issues, such as mental health issues,
substance abuse problems, or even abusive or neglectful behavior are involved. In these more difficult cases, the Court
usually makes the final determination about a parenting schedule.
There are two basic types of parental rights and responsibilities: “decision-making” and “residential.” Decision-making responsibilities
involve all major parenting decisions: schooling, doctors, religion, etc. Residential responsibility deals with where the children physically
live. In New Hampshire, there is a rebuttable presumption that joint decision-making responsibility is in the best interests of the children. In
other words, a parent who thinks joint decision-making would be inappropriate has the burden to prove why he or she believes that is so.
In making the determination about parenting rights and responsibilities in the event of a divorce or relationship breakdown, the Court relies
on RSA 461-A:6. This New Hampshire statute states that the Court will be guided by specific factors to determine what is in the best
interests of the children. One of the factors the Court will likely consider is the report of the Guardian ad Litem.
In a contested divorce or parenting matter, either party may request that a Guardian ad Litem (GAL) be appointed, or the Court may appoint
one on its own initiative. A GAL is trained and certified to make an independent determination as to what he or she believes is in the best
interest of the children. The GAL will generally interview both parents, the child or children, friends and family members, teachers, doctors,
and other relevant persons in order to glean the entire picture of the family situation. The GAL is usually required to submit one or more
written reports to the Court about his or her findings, and, as a party to the case, generally appears at all hearings. Usually the GAL’s
report will include some specific recommendations to the Court that he or she believes will be in the best interest of the children in the
case.
In conclusion, there is no hard and fast rule relating to “custody” – or parental rights and responsibilities in New Hampshire. There is a
presumption in the law that joint decision-making responsibility is in the best interests of the children, however as explained above, this
presumption can be rebutted. A parent’s best chance of securing a schedule that works for him or her is to make an agreement with which
both parents can live. If that is not a possibility, buckle up, because the battle is likely going to be a long, bumpy and expensive ride.
Jessica L. Singer, Esq., is an attorney at Donahue, Tucker & Ciandella, PLLC, and works at both the Firm’s Exeter (225 Water Street) and
Portsmouth (104 Congress Street) offices. Jessica specializes in the areas of Family Law and Real Estate Law. For further information,
Jessica can be reached at 603-766-1686 or www.dtclawyers.com.
The Applaud Women publication is dedicated to women in New Hampshire and northern Massachusetts. It's purpose is to inspire, inform, and
applaud local women. The core of the magazine is our inspirational women's articles, most of which feature local women but occasionally we are
able to interview national women who we feel provide a unique inspiration for our readers. Our other articles cover topics of interest such as food
recipes, home, garden, beauty, health, fashion, dating, parenting, seniors, finance, business, hair care, skin care, advice, real estate, insurance,
weddings etc. Each issue has a feature section as well. Many of our articles are written by local business people who provide information
relevant to their business expertise. The Applaud Women website is also a resource center for local women including the most comprehensive
listings of Restaurants, Weddings, Female doctors and Hotels. It also includes a number of informational pages with links, articles and RSS feeds
to both local and national websites of interest to women in NH & n. MA.
applaud local women. The core of the magazine is our inspirational women's articles, most of which feature local women but occasionally we are
able to interview national women who we feel provide a unique inspiration for our readers. Our other articles cover topics of interest such as food
recipes, home, garden, beauty, health, fashion, dating, parenting, seniors, finance, business, hair care, skin care, advice, real estate, insurance,
weddings etc. Each issue has a feature section as well. Many of our articles are written by local business people who provide information
relevant to their business expertise. The Applaud Women website is also a resource center for local women including the most comprehensive
listings of Restaurants, Weddings, Female doctors and Hotels. It also includes a number of informational pages with links, articles and RSS feeds
to both local and national websites of interest to women in NH & n. MA.
The opinions and information provided within the Applaud Women publication or on the Applaud Women website are not necessarily those of Applaud Women, it's officers, staff or
contributing writers. Nor does inclusion on ApplaudWomen.com constitute endorsement of the views, products, services or informational content contained within the publication, advertising
on found anywhere on the website. Applaud Women values accuracy; however, Applaud Women does not warranty the accuracy of material provided by it's writers, advertisers or any
information provided by other sources included on the website.
No reproduction of any part of this page or any other page on the website is permitted without the express permission of Applaud Women.
contributing writers. Nor does inclusion on ApplaudWomen.com constitute endorsement of the views, products, services or informational content contained within the publication, advertising
on found anywhere on the website. Applaud Women values accuracy; however, Applaud Women does not warranty the accuracy of material provided by it's writers, advertisers or any
information provided by other sources included on the website.
No reproduction of any part of this page or any other page on the website is permitted without the express permission of Applaud Women.
The Applaud Women publication is dedicated to women in New Hampshire and northern Massachusetts. It's purpose is to inspire, inform, and
applaud local women. The core of the magazine is our inspirational women's articles, most of which feature local women but occasionally we are
able to interview national women who we feel provide a unique inspiration for our readers. Our other articles cover topics of interest such as food
recipes, home, garden, beauty, health, fashion, dating, parenting, seniors, finance, business, hair care, skin care, advice, real estate, insurance,
weddings etc. Each issue has a feature section as well. Many of our articles are written by local business people who provide information
relevant to their business expertise. The Applaud Women website is also a resource center for local women including the most comprehensive
listings of Restaurants, Weddings, Female doctors and Hotels. It also includes a number of informational pages with links, articles and RSS feeds
to both local and national websites of interest to women in NH & n. MA.
applaud local women. The core of the magazine is our inspirational women's articles, most of which feature local women but occasionally we are
able to interview national women who we feel provide a unique inspiration for our readers. Our other articles cover topics of interest such as food
recipes, home, garden, beauty, health, fashion, dating, parenting, seniors, finance, business, hair care, skin care, advice, real estate, insurance,
weddings etc. Each issue has a feature section as well. Many of our articles are written by local business people who provide information
relevant to their business expertise. The Applaud Women website is also a resource center for local women including the most comprehensive
listings of Restaurants, Weddings, Female doctors and Hotels. It also includes a number of informational pages with links, articles and RSS feeds
to both local and national websites of interest to women in NH & n. MA.
The opinions and information provided within the Applaud Women publication or on the Applaud Women website are not necessarily those of Applaud Women, it's officers, staff or
contributing writers. Nor does inclusion on ApplaudWomen.com constitute endorsement of the views, products, services or informational content contained within the publication, advertising
on found anywhere on the website. Applaud Women values accuracy; however, Applaud Women does not warranty the accuracy of material provided by it's writers, advertisers or any
information provided by other sources included on the website.
No reproduction of any part of this page or any other page on the website is permitted without the express permission of Applaud Women.
contributing writers. Nor does inclusion on ApplaudWomen.com constitute endorsement of the views, products, services or informational content contained within the publication, advertising
on found anywhere on the website. Applaud Women values accuracy; however, Applaud Women does not warranty the accuracy of material provided by it's writers, advertisers or any
information provided by other sources included on the website.
No reproduction of any part of this page or any other page on the website is permitted without the express permission of Applaud Women.