Divorce New Hampshire Custody

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Every divorce process results into various legal actions and decisions depending upon the settlement of all unresolved marital issues between both the divorcing individuals. The legal proceedings are primarily carried out as per the laws and rights of this state. In the past, child custody cases in the State of New Hampshire resulted in one parent obtaining the custody while the other receiving visitation. Divorce custody in New Hampshire ensures that all decisions are made only on the basis of the best interest of the child. At the same time, the bonding of the child with each parent helps the court to determine the parenting plan.

Some parents opt for shared physical custody. In this type of custody, the child spends approximately equal durations of time with each parent. As per some schedules, one of the parents stays with the child for a major part of the school year. The other parent accompanies the child for a longer duration only through vacations and summers.

Factors considered by the court during divorce custody in New Hampshire

  • What is the state of communication between the father and the mother?
  • Does the child require a "home base" or is he or she flexible?
  • Does the child participate in after school activities? Does each parent endorse and take part in these activities?
  • What is the condition of school with respect to transportation and quality of systems?
  • By how many miles are the residences of the parents separated?
  • Since the parties separated, which party has played the role of the primary caretaker of the child?
  • Let us assume that in marital life both the parents were employed outside the house. Then, in case of illness of the child or other child related reasons, which parent altered his or her work schedule?
  • During the marriage, was the father or the mother the primary caretaker?
  • If any past history of child abuse or partner abuse is reported by either of two divorcing parents then proper investigation is being done in order to grant a safe and fair custody for the child
  • The physical and mental state of the child and both the parents
  • The inability of the parent to take up the responsibilities of the child in terms of taking proper care of the child and spending enough quality time after work is one of the factors that is considered seriously during settlement of custody plan
Assistance During legal proceedings

In this state, there are several child care resource programs and visitation centers that assist the parents with the child custody plan. Some of the services offered are as follows:

  • Court advocacy
  • Referrals to community resources and services
  • Referrals to child care centers that are in the state
  • A common pick up/drop off site that is monitored by some staff
  • Semi supervised or supervised on site visitation
Protection from Section 9 requirements of UCCJA

While a claim for custody is pending, it is essential to adhere to Section 9 demands of UCCJA (Uniform Child Custody Jurisdiction Act). While doing so, it is obligatory to file the following under oath

  • The present address of the parent
  • The names and present addresses of each person with whom the child has lived in the previous 5 years
However, the law provides a means to safeguard the confidentiality of the above information. This can be done by filing an ex parted motion and thereby requesting the court for the below mentioned points:
  • The court should sequester, impound or seal the affidavit and consequently, it should be accessible only to the court
  • The parent would comply with Section 9 affidavit in an "in camera" proceeding where the parent's abuser and his/her lawyer is absent
  • The court may allow filing Section 9 affidavit without the parent including any names and addresses that risk the parent's position. However, the parent should file an affidavit mentioning
    • The duration for which the child has resided in New Hampshire
    • The past incidences of domestic violence
    • A sentence stating that disclosure would jeopardize the parent or the child
    • Hence, disclosure is not in the best interests of the child
  • The court should waive filing of the Section 9 affidavit

Divorce custody in New Hampshire includes the consideration of a definite set of factors before finalizing the custody plan of a particular case. At the same time, the assistance from some third parties is also taken into account during legal proceedings in this state.

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