Can I modify an existing child custody arrangement?

Yes, it is possible to modify an existing child custody arrangement in New Hampshire. Any modification must be approved by the court in order to become legally binding. The primary consideration when deciding whether or not to award a modification is whether or not the proposed change is in the best interests of the child involved. In order to modify an existing child custody arrangement, the parent requesting the modification must file a Motion for Modification of Parental Rights and Responsibilities form in the court of original jurisdiction. Additionally, the filing parent must provide proof that there has been a substantial change in circumstances since the original order was issued. Once the Motion has been filed, the other parent will be served with notice and given the opportunity to contest the motion. The court will then consider all evidence and testimony provided. The court may grant a modification if the filing parent can demonstrate that the modification meets the standard of “best interests of the child.” If a modification is granted, the original visitation plan may be adjusted to reflect the new arrangement. It is important to remember that once a modification is granted, both parents are obligated to comply with the court’s order. Failure to do so could result in contempt of court and potential criminal penalties.

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