Divorce cases often bring about complicated and emotionally charged issues, with child custody being one of the most prominent. In states like New Hampshire, courts rely on the best interest of the child standard (BICS) to make determinations regarding custody arrangements. By exploring the impact of this standard on divorces in New Hampshire, we can gain a better understanding of its significance.
What is the Best Interest of the Child Standard?
The best interest of the child standard entails a set of factors that courts must take into account when making decisions regarding child custody. Essentially, the court’s overarching objective is to fashion a custody plan that prioritizes the physical, emotional, and psychological well-being of the child.
In the state of New Hampshire, the BICS is outlined within RSA 461-A.11, the state’s statutes. According to this statute, the court considers a multitude of aspects, including:
- The child’s relationships with both parents
- Each parent’s ability to maintain a stable home environment
- The level of support provided by each parent to the child
- The preferences and opinions of the child, if they are of an age where they can effectively express themselves
- The child’s ability to adjust and adapt to their home, school, and overall community environments
- The mental and physical health of all parties involved
- Each parent’s capability to encourage and nurture a relationship between the child and the other parent
The Impact of the Best Interest of the Child Standard on Divorces in New Hampshire
The best interest of the child standard exerts a significant influence on the outcome of child custody cases within the jurisdiction of New Hampshire. The court adequately delves into a wide array of factors in order to ascertain what is truly in the best interest of the child. This includes analyzing the child’s relationships with both parents, evaluating each parent’s ability to provide a stable living situation, and considering the child’s overall adjustment to their home, school, and community.
The Impact on Joint Custody Arrangements
When determining a suitable custody arrangement, the court first investigates whether joint custody would be in the child’s best interest. Joint custody typically denotes that both parents share legal and physical custody of the child.
In instances where joint custody is not deemed ideal for the child, the court explores alternative options, such as sole custody. In certain situations where one parent is unable to effectively fulfill parental responsibilities, sole custody may be awarded to the other parent.
The Impact of Domestic Violence on Custody Arrangements
In custody cases, the court demonstrates a serious commitment to addressing matters of domestic violence. If there is evidence indicating domestic violence, the court considers it as a crucial factor when determining custody arrangements. In such instances, the court might order supervised visitation or even restrict visitation entirely.
The Impact of Parental Alienation
Parental alienation refers to when one parent endeavors to manipulate the child against the other parent. This behavior not only negatively affects the child’s well-being but also serves as a significant aspect taken into account by the court when establishing custody arrangements.
If the court observes traces of parental alienation, they may suggest counseling to help mend the bond between the child and the alienated parent. In severe cases, the court might even consider altering existing custody arrangements.
Conclusion
In conclusion, the best interest of the child standard holds remarkable sway over the determination of child custody in New Hampshire. Courts meticulously evaluate various factors, including the child’s relationships with both parents, each parents’ capacity to provide a stable home environment, and the child’s ability to assimilate into their home, school, and community.
If you are currently undergoing a divorce and hold concerns regarding child custody matters, it is crucial that you seek guidance from a proficient family law attorney. An experienced attorney can offer you valuable legal advice and provide you with the necessary support to navigate the situation effectively and efficiently.