No one aspires to get a divorce. However, it is sometimes the best choice for everyone involved. While spouses may be better off apart, when a household is high in conflict or is a space where parents cannot coexist, it can be beneficial for the children involved to no longer live in such a household. Although this may be a positive step for everyone, it still requires parents to arrive at a workable child custody arrangement.

In New Hampshire, child custody is both legal and physical. This refers to the legal rights of each parent to make major life decisions on behalf of their child. It also refers to where the child lives. This may be split evenly between parents or it can be primarily with one parent.

Whether parents are seeking joint legal and physical custody or one parent is seeking full or sole custody of the child, the court considers various factors when making a decision. This includes the relationship the child has with each parent, the ability of each parent to assure the child receives adequate care and a safe environment, the child’s developmental needs, the quality of the child’s school and community and the potential effects of any change, the ability of each parent to foster a positive relationship with the other parent, the relationship the child has with other persons, the ability of the parents to communicate and cooperate, any evidence of abuse and any other relevant factors.

The state of New Hampshire can also consider the wishes of the minor child. The courts states that if a child is of sufficient maturity to make a sound judgment when it comes to where they reside, the court may give weight to the preferences of the minor child when it comes to parental rights and responsibilities.

It can sometimes be challenging to reach a child custody arrangement that works for both parents. When parents do not see eye-to-eye or there is a situation involving domestic violence, it may be necessary to take additional legal steps. In order to successfully work through these matters, it is important that one is aware of their rights and options when it comes to resolving this and other family law matters during a divorce.