When parents separate, one of the most important issues they will face is deciding who gets custody of the children. Child custody refers to the legal right to care for and make decisions about a child’s upbringing. New Hampshire family courts may award different types of custody based on the child’s best interests.
Types of Custody
In New Hampshire, there are two main types of custody:
- Physical Custody: This involves where the child will live. The court may award sole physical custody to one parent or share joint physical custody between both parents. Sole physical custody means the child will live with one parent, while the other parent gets visitation rights. On the other hand, the child spends time with both parents in joint custody, though the amount of time may not be equal.
- Legal Custody: This involves the right to make important decisions about the child’s life, such as education, health care and religious upbringing. Similar to physical custody, legal custody can be joint – both parents share in the responsibilities – or sole – only one parent decides.
How courts make custody decisions
When parents cannot agree on custody, the court will step in. A judge considers factors such as the child’s age, relationship with each parent and the ability of each parent to care for the child. When issuing a decision, the court’s primary goal is to protect the child’s well-being and best interests.
However, parents are often able to work together in creating a custody agreement. This written plan outlines where the child will live and how parents will make decisions. A well-written custody agreement helps prevent conflicts and clarifies both parents’ rights and responsibilities.
Modifying custody arrangements
As time passes, parents may need to adjust the terms in their custody arrangements. If a parent’s circumstances change, they can request a modification of the custody agreement. However, a judge will only approve the change if they believe it serves the child’s best interests.
Understanding the types of custody and how courts determine the decisions can help make parents informed choices for their child’s future. Seeking legal advice from an attorney can provide valuable guidance when addressing custody matters.
