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Frequently asked questions

Will I lose my kids?

A brief introduction to child custody law in New Hampshire.

A parent's right to be involved in the life of their child is fundamental under the New Hampshire Constitution, and the courts generally seek to maintain children's contact with both parents. So unless abuse or neglect is proven, each parent is generally entitled to spend time with their children.

Usually, one parent is awarded primary physical custody, and the other is entitled to visitation. In making this determination, the courts are guided by the best interest of the children. Generally, the parent who has spent the most time caring for the children will get primary physical custody. Which parent earns the most money has no bearing on this decision, and either the mother or the father may be the primary custodian.

Over time, we have learned how to tell when proposed custody and visitation plans are likely to work well, and when they are likely to prove troublesome. We are experienced in negotiating, and when necessary, litigating, custody and visitation arrangements to meet the needs of our clients and their children, and in preparing proposed orders for approval by the courts.

What's the difference between physical custody and legal custody? See this recent article from The New Hampshire Family Law Letter.

Child custody, visitation, and support

There are two kinds of child custody in New Hampshire: legal custody and physical custody. A parent with legal custody of a child remains involved in the child's life and participates in major decisions affecting the child. A parent with primary physical custody of a child provides the primary residence of the child and is responsible for most day-to-day matters. In most cases, joint legal custody is appropriate, and one parent will be primary physical custodian, but this may vary based on specific circumstances. Our office frequently assists in working out both short- and long-term custodial arrangements. More on custody, visitation, and support.

A non-custodial parent is generally entitled to visitation with the children. We assist in tailoring visitation plans and schedules to the specific needs of our clients and their children. It is not unusual for problems to arise in this area, and for communication between the parties to break down. Over time, we have learned to plan for many predictable crises, like major holidays, and help the parties establish workable arrangements in advance.

A non-custodial parent is obligated to share financially in the support of the children. Support payments are calculated based on the incomes of the parents and the number of children.

How is child support determined?

When parents of minor children live apart, the custodial parent has a right to regular payments from the non-custodial parent for the benefit of the children. When a Court orders such child support payments, the amount will be based on the number of children and each parent's income, according to guidelines issued annually by the New Hampshire Department of Health and Human Services (DHHS).

How do restraining orders work?

The Courts will issue restraining orders to protect any person from violence or abuse by a partner, where there is evidence of actual violence or a credible threat of violence. Restraining orders may be issued against a man or a woman.

We are experienced in assisting clients in obtaining restraining orders when necessary for their protection, and in defending other clients from baseless charges of domestic violence where restraining orders were improperly sought against them.