Introduction
In the state of New Hampshire, a child visitation order is established by the court to outline the schedule and conditions for a non-custodial parent to have visitation rights with their child. However, as circumstances evolve, it may become necessary to modify the visitation order to better suit the new situation.
Reasons for Modifying a Child Visitation Order
There are several common reasons why a parent may need to seek a modification to a visitation order:
- Change in Work Schedule: A parent’s work commitments may change, requiring adjustments to the visitation schedule.
- Change in Residence or Relocation: If either parent moves to a new location, it can impact visitation logistics and necessitate modifications to the order.
- Change in the Child’s Needs or Schedule: As a child grows, their needs and activities may change, requiring adjustments to the visitation schedule.
- Change in Family Circumstances: Events like a remarriage or the birth of a new child can warrant modifications to ensure an equitable arrangement.
- Issues with Child’s Safety or Well-being: If there are concerns about the child’s safety or well-being during visitation, a modification may be sought to address these concerns.
It is important to note that a visitation order should not be modified solely based on a parent’s preference or dissatisfaction with the existing arrangement. There must be a valid reason that serves the best interests of the child.
The Process for Modifying a Child Visitation Order
If a parent needs to modify a visitation order in New Hampshire, they must follow these steps:
Step 1: Begin Negotiations with the Other Parent
In an effort to avoid legal proceedings, it is advisable for the parent seeking a modification to engage in discussions with the other parent. Through informal talks or with the assistance of a mediator or attorney, both parties can attempt to reach an agreement on the proposed modifications. If an agreement is reached, it should be documented in writing and submitted to the court for approval.
Step 2: File a Motion to Modify with the Court
If negotiations fail or are not feasible, the parent seeking the modification must file a motion with the court. This involves completing the required forms, which are available on the New Hampshire Judicial Branch website. The motion should provide detailed reasons justifying the requested modification and explain how it will benefit the child’s well-being.
Step 3: Serve the Other Parent
After filing the motion, it is crucial to serve the other parent with a copy of the motion. This can be accomplished through certified mail or by enlisting the services of a sheriff or process server to deliver the documents in person.
Step 4: Attend a Hearing
Once served, the other parent has the opportunity to respond to the motion. If they object to the modification, the court will schedule a hearing. At the hearing, both parents will present their arguments and provide any necessary evidence supporting their positions. It is essential for both parties to attend the hearing.
Step 5: Wait for the Court’s Decision
Following the hearing, the judge will assess the arguments and evidence presented by both parents and make a decision regarding whether or not to grant the modification. If the modification is approved, a new visitation order will be established, reflecting the updated arrangements.
Conclusion
Modifying a child visitation order in New Hampshire involves a multi-step process, but it is possible to achieve a modification when there is a genuine need for it. By following the outlined steps and engaging in negotiations whenever possible, parents can seek adjustments that align with their current circumstances and prioritize their child’s well-being and best interests.