Custody

When deciding custody matters, the judge will determine how to divide the parental rights and responsibilities that each parent will have concerning the child. The judge can award either parent the following:

• decision-making responsibility, which is the responsibility to make decisions for specific issues, or it could apply to all decisions for the child; and
• residential responsibility, which is a parent’s responsibility to provide a home for the child.¹

The judge is supposed to assume that joint decision-making responsibility is in the best interest of minor children in the following situations:

• both parents agree to joint decision-making responsibility; or 
• either parent asks for joint decision-making responsibility and in the judge thinks that it is appropriate.²

However, if the judge determines that abuse has occurred, the judge must consider such abuse as being harmful to the child and must consider the abuse as evidence in determining whether joint decision-making responsibility is appropriate. The judge is supposed to make an order that best protects the child, the abused parent, or both.³

¹ N.H. Rev. Stat. § 461-A:1(II), (V), (IX)
² N.H. Rev. Stat. § 461-A:5(I), (II)
³ N.H. Rev. Stat. § 461-A:5(III)