New Hampshire Child Visitation Laws
When a couple chooses to get divorced in New Hampshire and a minor child is involved, they will need to complete a parenting plan. This plan will include all provisions related to the decision-making and care of the child. Under RSA 461-A:4, the plan must include the following:
- Where the child will live
- Who is responsible for making decisions for the child Information sharing and access
- Where the child's legal residents will be and what school they will attend
- Parenting schedule including vacations, holidays, birthdays and other visitation
- Transportation and how the child exchange will be handled
- Parent relocation procedures
- Steps for reviewing and adjusting the plan
- Methods for parents to settle disputes
Generally, one parent will be granted primary custody and the other visitation rights. The amount of visitation depends on the terms of the parenting plan. When a divorce is contested, often both parents will complete a parenting plan and then work to agree on terms they can both live with. If a compromise cannot be made, the court will decide on a final parenting plan. If you are considering a divorce and would like to know more about child custody and visitation laws, contact Russman Law today.
Child Visitation Issues in New Hampshire
Whenever child custody is contested, a judge will make a ruling to determine child custody and visitation based on the best interest of the child. Though both parents have equal right to care for their child, the U.S. Census found that in 2011 only 18.3% of custodial parents were male. To determine custody, the court will look at factors such as:
- The child's relationship with each parent
- The home environment offered by each parent
- The child's own preference, if they are mature enough to present one
- Any history of abuse or domestic violence
- With whom the child is currently residing
The court can even grant grandparent and/or step-parent visitation if it believes that it would be in the best interest of the child.
Under New Hampshire law, a parent can petition the court if the other party is not abiding by the terms of the parenting plan. This can include:
- Failure to hand off the child after visitation
- Failure to present the child for scheduled visitation
- Failure to participate in visitation as scheduled
The court will review this motion within 30 days and may then choose to hold one party in contempt, fine them or even modify the existing parenting plan.
New Hampshire Child Custody and Visitation Lawyer
The majority of divorces in New Hampshire are processed through litigation. A new trend emerging called collaborative divorce allows parties to work together to find solutions that work best for everyone involved. Family law attorneys help parties decide on all aspects of their divorce including child visitation.If you are facing a child custody or visitation issues in New Hampshire, call Russman Law now to find out more about your rights. Family law attorney Amy Connolly works to help families find solutions that work for all parties. She specializes in collaborative divorces which are a way for families to avoid litigation and get results much faster. For more information about visitation laws and your divorce options, contact our office to schedule a meeting with attorney Connolly.