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Legal Information: New Hampshire


August 10, 2023

Will a child's preference be considered?

If the judge believes there is “clear and convincing evidence” that a child is mature enough to make a reasonable decision, the judge can take into consideration the child’s preference for where s/he wants to live. The judge should also consider anything that may have affected the child’s preference, including any improper influence from a parent or someone else.1 A child’s preference can also be a reason that a judge would agree to change (modify) a permanent parental rights and responsibilities order.2

1 N.H. Rev. Stat. § 461-A:6(II)
2 N.H. Rev. Stat. § 461-A:11(I)(e)