When divorcing in New Hampshire, one of the most challenging and emotional issues that must be resolved is that of child custody and support. It can be even more complicated when the children involved were born outside of marriage. In such cases, the legal rights of the father and the child may not be automatically recognized and require special considerations. This article will explore how child custody and support for children born outside of marriage are determined in New Hampshire.
Establishing Legal Paternity
In New Hampshire, if a child is born outside of marriage, the father’s legal rights and responsibilities are not automatic. If the parents are unmarried, the father will not automatically be considered the legal parent of the child. This means that the father must establish paternity before he can seek custody or visitation rights, and before the mother can seek child support.
Voluntary Acknowledgment of Paternity
The simplest way to establish paternity is by signing a voluntary acknowledgment of paternity form. Both parents must sign this form, and it must be filed with the New Hampshire Division of Vital Records Administration. This form is usually signed at the hospital when the child is born, but it can be signed later as long as both parents agree to sign it.
Court-Ordered Paternity Test
If the father refuses to acknowledge paternity, the mother can ask for a court-ordered paternity test. This test will determine whether the man is the biological father of the child. If the test is positive, the court will issue an order establishing paternity. Once paternity has been established, the father can seek custody or visitation, and the mother can seek child support.
Child Custody and Parenting Plans
In New Hampshire, child custody is determined based on the best interests of the child. The court will consider several factors to determine what custody arrangement is in the child’s best interests, including:
- The child’s age and developmental needs
- The child’s relationship with each parent
- Each parent’s ability to provide for the child’s physical and emotional needs
- Each parent’s willingness to encourage a relationship between the child and the other parent
Joint Custody vs. Sole Custody
In New Hampshire, joint custody is the preferred custody arrangement whenever possible. Joint custody means that both parents share legal custody (the right to make decisions about the child’s upbringing), and physical custody (the right to have the child live with them). Sole custody means that one parent has legal and physical custody of the child, and the other parent has visitation rights.
Parenting Plan
When determining custody, the court will require the parents to create a parenting plan. This plan outlines how the parents will share parental responsibilities, including decision-making, visitation schedules, and communication. The parenting plan must be approved by the court, and both parents must follow it.
Child Support
New Hampshire law requires both parents to support their children financially, regardless of whether the child was born inside or outside of marriage. The court will consider several factors when determining child support, including:
- The parents’ income and earning potential
- The child’s financial needs
- The child’s standard of living before the divorce
- The child’s educational needs
Child Support Guidelines
New Hampshire has established guidelines to help courts determine child support amounts. These guidelines take into account the number of children, the parents’ income, and other factors. The court may also consider other expenses, such as childcare costs or medical expenses.
Enforcement of Child Support Orders
If one parent fails to pay child support, the other parent can seek enforcement through the court. The court has several enforcement tools at its disposal, including wage garnishment, seizure of assets, and even incarceration in extreme cases.
Conclusion
Determining child custody and support for children born outside of marriage can be complex and emotional. It requires special considerations to ensure that the legal rights of the father and the child are recognized and protected. If you are facing divorce and have a child born outside of marriage, it is essential to seek the advice of an experienced family law attorney who can guide you through the process and help you protect your legal rights.