What are child custody and visitation rights?

In New Hampshire, child custody and visitation rights determine which parent is responsible for the physical caretaking of the child, and which parent the child is allowed to visit. When parents get divorced, they must decide who takes custody of any minor children. The law in New Hampshire generally favors joint custody, except in cases where it could be harmful to the child. Custody can be broken down into legal and physical. Legal custody is the right to make decisions about the child’s education, religion, health care, and other major decisions. Physical custody is where the child primarily lives. Custody arrangements are determined based on the best interests of the child and the relationship between the parents. Joint custody is preferable as it allows the child to maintain relationships with both parents, but it is not required. Visitation rights are what determine how the parent without primary physical custody of the child will be able to visit and interact with the child. Visitation rights are also determined on a case-by-case basis based on the best interests of the child. Both parents usually agree on a visitation schedule, but if they are unable to agree, the court will set a visitation schedule with input from both parents. In New Hampshire, grandparents may also be allowed to have visitation rights.

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