Child Custody & Visitation Blog

New Hampshire state laws about child custody are found in Chapter 461-A of the New Hampshire revised statutes. These are important laws for a parent involved in a custody case in the state. Some of these laws apply especially to parents as they make a New Hampshire custody agreement. Here is a brief summary of some of the laws.

1. The state gives no preference to either parent for custody based on the gender of the parent, the gender of the child, or the financial situation of the parent.

2. All custody decisions, including the making of a New Hampshire parenting plan, must be made with the best interest of the child in mind.

3. Factors that the state considers when determining what is in the best interest of the child:

• 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, except where contact will 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.
• The support of each parent for the child’s relationship with the other 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.
• Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, 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.

Parents should think about these factors as they make a New Hampshire custody schedule so they can ensure the schedule is the best one for the child.

4. The state will listen to the preference of the child if the child is found old enough and mature enough to have a valid opinion. Thus, an older child can influence a New Hampshire visitation schedule.