Custody

When deciding parental rights and responsibilities, the judge must consider the following factors, while keeping in mind the best interests of the child:

• the child’s wishes if the judge believes the child is of “sufficient maturity to make a sound judgment;”
• the ability of each parent to provide the child with nurture, love, affection, and guidance;
• the ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment;
• the child’s developmental needs and the ability of each parent to meet them, both in the present and in the future;
• the quality of the child’s adjustment to his/her school and community and the potential effect that any change would have on the child;
• the ability and willingness of each parent to encourage a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, including whether contact is likely to result in harm to the child or to a parent;
• the support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact, including whether contact is likely to result in harm to the child or to a parent;
• the support of each parent for the child’s relationship with the other parent, including whether contact is likely to result in harm to the child or to a parent;
• the relationship of the child with any other person who may significantly affect the child;
• the ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the child, including whether contact is likely to result in harm to the child or to a parent;
• if a parent is incarcerated, the reason for it and the length of the incarceration, and any unique issues that arise as a result of incarceration;
• the policy of the state regarding the determination of parental rights and responsibilities.
• any evidence of abuse and the impact of the abuse on the child and on the relationship between the child and the abusing parent; Note: “Abuse” for these purposes, is defined as any of the following:
  • sexual abuse;
  • physical injury that was caused intentionally or by other than accidental means;
  • psychological injury that causes the child to show symptoms of emotional problems generally recognized to result from consistent mistreatment or neglect;
  • being subjected to human trafficking;
  • being subjected to female genital mutilation; or
  • any act of abuse explained in What is the legal definition of domestic violence in New Hampshire?; and
• any other additional factors the judge things are relevant.¹ ​

The judge cannot give preference to one parent based on the sex of the child, the sex of a parent, or the financial resources of a parent.²

Note: If the judge is deciding parental rights and responsibilities due to the death of a parent or guardian, the judge should consider the contact the child has had with the surviving parent as well as the wishes of the deceased parent, as included in his/her will.³

¹ N.H. Rev. Stat. §§ 461-A:6(I), (II); 169-C:3(II)
² N.H. Rev. Stat. § 461-A:6(III)
³ N.H. Rev. Stat. § 461-A:6(III-a)