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Child Custody

New Hampshire Child Custody Lawyers

Helping Parents in New Hampshire, Portsmouth, and Throughout New Hampshire

When parents separate or divorce, one of the most important issues they face is how to handle child custody. At Wyskiel, Boc, Tillinghast & Bolduc, P.A., we understand that your children are your top priority. Our New Hampshire child custody attorneys are here to help you navigate the legal process and protect your rights as a parent.

For more information about child custody in New Hampshire, call (603) 742-5222 or contact us online.

How Is Child Custody Determined in New Hampshire?

When parents cannot agree on a child custody arrangement, the court will make the decision for them. The court will always make a custody decision based on the best interests of the child. In New Hampshire, there are two types of custody: legal and physical.

Legal Custody

Legal custody refers to the right to make important decisions about the child's life. This includes decisions about the child's education, healthcare, and religious upbringing. Legal custody can be awarded to one parent (sole custody) or both parents (joint custody).

Physical Custody

Physical custody refers to where the child will live. Physical custody can be awarded to one parent (sole custody) or both parents (joint custody). If one parent is awarded sole physical custody, the other parent will typically be granted visitation rights. If the parents are awarded joint physical custody, the child will spend a significant amount of time with each parent.

Other Factors

In addition to legal and physical custody, the court will also consider other factors when making a custody decision. This includes the child's relationship with each parent, the child's relationship with any siblings, the child's adjustment to their home, school, and community, and the mental and physical health of all parties involved.

What Is the Difference Between Legal and Physical Custody?

Legal custody refers to the right to make important decisions about the child's life. This includes decisions about the child's education, healthcare, and religious upbringing. Physical custody refers to where the child will live. Physical custody can be awarded to one parent (sole custody) or both parents (joint custody).

What Is the Difference Between Sole and Joint Custody?

Sole custody refers to one parent having full custody of the child. This means that the child will live with that parent and that parent will have the right to make all decisions about the child's life. Joint custody refers to both parents sharing custody of the child. This means that the child will spend a significant amount of time with each parent and that both parents will have the right to make decisions about the child's life.

Can a Parent With a Disability Get Custody?

Yes, a parent with a disability can get custody of their child. The court will make a custody decision based on the best interests of the child. If the court determines that the parent's disability will not negatively impact the child, the parent can be awarded custody. If the court determines that the parent's disability will negatively impact the child, the parent may be awarded limited custody or visitation rights.

For more information about child custody in New Hampshire, call (603) 742-5222 or contact us online.

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FAQ

Common Answers To Your Questions


  • How long is the divorce process?

    Every divorce case is different, so the amount of time it takes to finalize a divorce will be different depending on the couple involved. Some issues that affect how long your case will take include the number of issues contested and how open you and your spouse are to negotiations and making sacrifices. Hostility will often lead to a long divorce process.

  • Why would I need a prenuptial agreement?

    A prenuptial can be beneficial for every marriage, and there are various reasons why couples choose to draft prenuptial agreements. Many couples find solace in knowing what will happen to their property or assets in the event they ever get a divorce, for example. Some other reasons why you might consider a prenuptial agreement are if there’s a significant difference in financial status in your relationship, if you have business partners involved that you want to protect, or if you have children from previous marriages that you want to inherit certain assets.

  • What is the difference between a contested and uncontested divorce? Is one better than the other?

    The main difference between a contested and uncontested divorce is whether the couple in question can agree on all terms of their divorce, from property division to child custody. Generally, an uncontested divorce is viewed favorably because it requires less time and money to negotiate. Uncontested divorces also don’t require court hearings or trials.

  • How does the court determine child custody?

    The court takes many factors into consideration when determining the living situation of children, but above all else, they will prioritize the decision that best serves the children’s best interests. Some factors include who the children say they want to live with (if they’re of a certain age), proximity to schools, the income of each parent, and any history of abuse, addiction, or mental health issues among the parents.