When parents divorce or separate in New Hampshire, one of the critical issues they have to address is parenting time. How will they share time with their child or children after the separation or divorce? In New Hampshire, the courts prioritize the best interests of the child in making parenting time arrangements. In this article, we’ll examine how parenting time is arranged in a New Hampshire divorce.
Determining Parental Rights and Responsibilities
Before establishing a parenting plan, a court must first determine who has parental rights and responsibilities. The court can award these rights to one or both parents based on the best interests of the child.
Parental rights and responsibilities pertain to decision-making for a child regarding major life events such as medical care, education, and religion. If both parties have parental rights and responsibilities, the court can decide the extent of each parent’s decision-making authority.
Developing a Parenting Plan
A parenting plan is a written agreement between parents that outlines a schedule for parenting time and decision-making authority. This plan can be developed by the parents, with the assistance of their lawyers or a mediator, or created by a judge and incorporated into the court’s final orders.
In developing a parenting plan, the child’s best interests are the primary consideration. This plan should have a schedule of when and with whom the child will spend time. It also specifies how communication between the parties should happen and outlines how disputes will be resolved.
Factors to Consider In Developing a Parenting Plan
When developing a parenting plan in a New Hampshire divorce, the courts consider several factors, including:
1. Age of the child
Younger children require more frequent access to both parents. Older children may prefer a less rigid schedule and more flexibility to accommodate their activities.
2. Geographic location
The distance between the parents and the child’s school or other important activities can affect the parenting plan’s feasibility.
3. Parent’s work schedules
A parent’s work schedule can also affect the parenting plan, with some schedules not accommodating regular parenting time.
4. Health of the child and parent
The child’s and parent’s health statuses may affect the parenting plan’s provisions.
5. Relationship between the parents
If the divorce or separation is contentious, the court may opt for a more detailed parenting plan to avoid future conflicts.
Modifying a Parenting Plan
Over time, circumstances can change, necessitating modifications to a parenting plan. A parent can request a modification of parenting time by filing a motion in the court that issued the initial parenting plan.
To modify the parenting plan, the parent must demonstrate a substantial change in circumstances. Examples of substantial changes in circumstances may include a geographic relocation of one parent or changes in the child’s needs or living arrangements.
Conclusion
Parenting time arrangements in a New Hampshire divorce aim to protect the best interests of the child. Parents must first have their parental rights and responsibilities determined before working on the parenting plan. Several factors, such as the child’s age, geographic location, parent’s work schedule, and the relationship between the parents, are considered when developing a parenting plan. Parents can modify parenting plans if there is a substantial change in circumstances. Ultimately, the goal is to foster a healthy relationship between the parents and the child while ensuring that the child’s best interests are protected.