Custodia

When deciding custody matters, the judge will determine how to divide the parental rights and responsibilities that each parent will have concerning the child. The judge can award either parent the following:

• decision-making responsibility, which is the responsibility to make decisions for specific issues, or it could apply to all decisions for the child; and
• residential responsibility, which is a parent’s responsibility to provide a home for the child.¹

The judge is supposed to assume that joint decision-making responsibility is in the best interest of minor children in the following situations:

• both parents agree to joint decision-making responsibility; or 
• either parent asks for joint decision-making responsibility and in the judge thinks that it is appropriate.²

However, if the judge determines that abuse has occurred, the judge must consider such abuse as being harmful to the child and must consider the abuse as evidence in determining whether joint decision-making responsibility is appropriate. The judge is supposed to make an order that best protects the child, the abused parent, or both.³

¹ N.H. Rev. Stat. § 461-A:1(II), (V), (IX)
² N.H. Rev. Stat. § 461-A:5(I), (II)
³ N.H. Rev. Stat. § 461-A:5(III)

A parenting plan may include terms regarding the following:

• decision-making responsibility and residential responsibility;
• information sharing and access, including telephone and electronic access;
• the legal residence of the child for school attendance;
• a parenting schedule that includes:
  • holiday, birthday, and vacation planning;
  • weekends, including holidays, and other days off from school;
  • transportation and exchange of the child;
  • relocation of parents;
  • the procedure that the parents will follow for review and adjustment of the plan; and
  • methods for resolving disputes.¹

If the parents have joint decision-making responsibility, the parenting plan must include the legal residence of each parent unless the judge determines that:

• there is a history of domestic abuse or stalking; or
• including such information would not be in the best interest of the child.²

If the parenting plan includes a parent’s residence, the parent must immediately notify the court and the other parent of any change in address. The failure to provide such information could lead to the parent being held in contempt of court.²

¹ N.H. Rev. Stat. § 461-A:4(II)
² N.H. Rev. Stat. § 461-A:4(IV)

Family reunification therapy is a process meant to fix or stabilize a relationship between a parent and a child that has been damaged or destroyed. A judge may order this type of therapy in a custody or divorce case to try to reestablish a family bond that is the subject of the court case.¹ Family reunification therapy can refer to treatments, programs, or services that include but are not limited to:

• camps;
• workshops;
• therapeutic vacations; or
• educational programs.²

The judge cannot order any type of family reunification therapy that requires or results in any of the following:

• a no-contact order;
• a visit that is:
  
  • overnight:
  • out-of-state; or
  • multiple days;
• a transfer of the child’s physical or legal custody;
• private transportation or transportation agents who use:
  
  • force or the threat of force;
  • physical obstruction;
  • acutely distressing situations; or
  • anything that risks the safety of the child; or
• anything else that relies on:
  
  • threats of physical force;
  • undue coercion;
  • verbal abuse;
  • isolation from the child’s family, community, or other sources of support; or
  • any other acutely distressing circumstances.²

¹ American Bar Association, Reunification: What Is It, What Is It Not, and What Does It Involve?
² N.H. Rev. Stat. § 461-A:4(III)