Primary Residential Responsibility & Parenting Time
(formerly Custody & Visitation)
In New Hampshire, children are believed to do best when both parents have a stable and meaningful involvement in their lives, to support frequent and continuing contact between each child and both parents, to encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or divorced. And to encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, unless there is evidence of domestic violence, child abuse, or neglect.
In determining primary residential responsibility and parenting time, the court takes into consideration, 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, 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.
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The support of each parent for the child's relationship with the other parent.
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The relationship of the child with any other person who may significantly affect the child.
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The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children.
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When determining primary residential responsibility and parenting time, it is always necessary to evaluate the individual needs of the child or children involved. Every case is different, and each child has unique needs. We listen carefully to our clients, ask them questions, and work closely with them to develop a parenting plan that is truly in their children's best interests. There are many options available for both residential responsibility and decision making. Contact our office today to discover these options and to speak with an attorney who will help you determine the right choice for your children and your family.
Decision Making Authority
(formerly legal custody)
Decision making authority refers to the parents' right to make important decisions regarding their children's life and care, including education and medical decisions. Most often parents share joint decision making but one parent may be granted sole decision making authority in certain circumstances.
When parents are able to work out a custody or parenting arrangement amicably through mediation or negotiations rather than in court, they then have the ability to make personalized decisions that are appropriate for their children. However, amicable resolutions are not possible in all families. If you need a lawyer to represent you in court, or if there are safety concerns with the other parent we will do our best to ensure that your child is safe, even if it means seeking supervised visits or no contact.
In addition to resolving child residential responsibility and parenting time issues. , we help our clients' develop solutions that meet their children's needs.
CHILD IMPACT SEMINAR
In any action in which parental rights and responsibilities are at issue, both parents are required to attend a 4-hour information session to help children deal with the issues surrounding divorce, separation, and the allocation of parental rights and responsibilities. See notice in forms section below.
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