By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 04, 2023
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Laws determining how divorced parents living apart are to care for their children are known as child custody laws, which originate at the state level. Child custody can be both physical and legal -- physical custody refers to where the child lives (which may be split between both parents), while legal custody refers to the parent's abilities to make important life decisions on behalf of their child.
All states (except Massachusetts) adhere to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Most states also extend visitation rights to grandparents. This article provides a brief overview of child custody laws in the state of New Hampshire.
New Hampshire family courts consider a whole range of factors when making custody determinations (see the complete list in the table below). The state also considers the wishes of the child when making these important decisions.
You can find additional details about New Hampshire child custody laws in the chart below. See FindLaw's extensive Child Custody section for more articles and resources.
Code Section |
§ 461-A:6 et seq. of the New Hampshire Revised Statutes |
|---|---|
Year Uniform Child Custody Act Adopted |
2010 |
Joint Custody an Option? |
Yes |
Grandparent Visitation Rights Recognized? |
Yes |
Child's Own Wishes Considered? |
Yes, if the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the determination of parental rights and responsibilities |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If you and your child's other parent are separating, you might not agree on who gets custody of the child or what the custody arrangement looks like. There are many other factors to consider in these determinations, but the court's primary concern will be the child's own best interests. One of the best ways to get a handle on the process is to seek guidance from an experienced family law attorney.
Contact a qualified attorney.
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