How is legal custody determined?

Legal custody in New Hampshire is determined by the court. In general, the court tries to encourage both parents to work together to come up with a parenting plan that is in the best interest of the children. The court will consider the wishes of both parents, the children’s ages, the physical and emotional needs of the children, the child’s existing relationships with each parent, and any other factors the court thinks are important. If parents cannot agree on a parenting plan, the court will grant “legal custody” to one parent, or both parents. If one parent is awarded legal custody, they will have the legal authority to make decisions about the child’s upbringing. These decisions include decisions about medical care, education, religious upbringing, and other important issues. If the court awards both parents legal custody, the court will create a joint-legal custody agreement. This agreement outlines what decisions each parent has the authority to make, as well as when they must consult with each other before making a decision. In either situation, both parents will be able to have their wishes considered when it comes to parenting decisions. Ultimately, the court will decide what is in the best interest of the child.

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