NH Child Custody Laws
Perhaps the most important, and at times most contentious, aspect of domestic relations law are child custody issues.
In the context of a divorce, child custody issues can combine with already complicated issues of property settlement and alimony to raise already strained emotions.
Even when a child custody proceeding is not part of a divorce action, it is a difficult time for the parties and their children.
New Hampshire Child Custody Laws
New Hampshire law on child custody issues changed greatly with the enactment in 2005 of RSA 461-A, the “Parental Rights and Responsibilities Act.”
Under this law, two principles guide parental right determinations. First, that act expressly states that “Children do best when both parents have a stable and meaningful involvement in their lives.” In other words, New Hampshire law encourages the involvement of both parents in their children’s lives.
Secondly, in making particular decisions in a specific case, New Hampshire courts use “the best interests of the child” standard in addressing parental rights.
Determining Parental Rights and Responsibilities
RSA 461-A:6 sets forth specific factors that a court must consider in determining parental rights and responsibilities. Often times, these factors are not objectively measurable. This in turn requires a court to make decisions affecting a parent’s rights and responsibilities based upon subjective information.
Given this, sound legal advice is necessary to ensure that a court has all the information necessary to make an appropriate decision that safeguards your rights and responsibilities as a parent. For instance, the question as to whether or not a guardian ad litem should be involved in a custody dispute, and if so, who should that guardian ad litem be?
The Need for Good Counsel
In short, domestic relations law is complex, ever-changing, and emotional. Expert legal advice is essential in helping you obtain the security both you and your children need following a divorce, legal-separation, or child custody proceeding.
Whether your case can be resolved without contentious litigation, through negotiation and mediation, or whether court intervention is necessary, is a decision to be made with the advice of counsel.
At Samdperil & Welsh, we will help you make these very important, private decisions. We will guide you, advise you, and advocate for you in this very important time.