Child Custody Laws in New Hampshire

Parental rights and responsibilities are decided by the child's best interests, using listed factors such as the child's relationship with each parent and each parent's willingness to foster frequent and continuing contact with the other parent. There is a presumption that joint decision-making is in the child's best interest (abuse is evidence against it). If the court finds roughly equal parenting time is not in the child's best interest, it must explain why. The court may give substantial weight to the preference of a mature minor child if it finds, by clear and convincing evidence, the child is sufficiently mature; no specific age is set. The court may not prefer a parent because of sex or financial resources.

After a parenting petition is filed, the court may issue ex parte temporary orders, including a temporary allocation of parental rights and responsibilities, without notice to the other parent only if specific facts in an affidavit or verified petition show that immediate and irreparable injury or loss will result to the applicant or the child before the other side can be heard. The moving party must file an affidavit about the notice given or attempted, and the court must find the notice was timely. The parent against whom an ex parte order is issued can request a hearing, which must be held within 5 days of the request.

Parents of minor children in cases allocating parental rights must attend a 4-hour seminar on the effects of divorce on children, to be completed within 45 days of service of the petition. Attendance is waived if a party is incarcerated or has attended before, in certain child support agency actions, or for good cause such as domestic violence; parents in domestic violence cases attend separate sessions. The fee is paid to the presenter, with reduced or no cost for people on need-based assistance.