Divorcing parents often encounter incorrect information from well-meaning friends, posts on social media or internet forums or poorly researched articles online. Unfortunately, the wrong information can lead to bad decisions during custody negotiations.
One common misconception divorcing or separating parents may encounter is that child custody is a “winner-takes-it-all” scenario, where one parent has to prove that the other is “bad” to prevail in any dispute over parental rights and responsibilities (which is New Hampshire’s term for custody).
In reality, shared parenting is the default
New Hampshire has a statutory preference for sharing parental rights and responsibilities. It mandates that courts “encourage approximately equal parenting time between each child and both parents if it is in the best interest of the child.” In most cases, “there shall be a presumption, affecting the burden of proof, that joint decision-making responsibility is in the best interest of minor children.”
There will be occasions where shared parenting is not appropriate, but knowing that is the baseline New Hampshire courts work from is essential information that should inform your approach to the issue. Rather than trying to prove why you are a better parent than the other, it is better to focus on finding ways to make decisions together and an arrangement that permits each of you to spend a suitable amount of time with your child.
Rather than relying on unqualified advice, it is better to seek experienced legal guidance to learn how things work and what your options are.
