HOW DOES THE COURT DETERMINE CUSTODY?
According to New Hampshire RSA 458:17, the Superior Court has the authority to determine custody of children whose parents are in the process of obtaining a divorce. Under its equitable powers, or the power to make orders that are fair, the Superior Court also determines custody between unmarried parents. Unmarried parents generally do not go to court to obtain custody orders unless they are no longer living together or no longer getting along. Until there are custody orders, each parent has the same rights to the children as the other. When there are problems, sometimes one parent threatens to take the children away from the other parent. If there are problems, it is a good idea to ask the court for custody orders. The following applies to custody issues for divorce, and custody disputes between unmarried parents. (NOTE: In 1996, a pilot project known as a Family Division Court began in Rockingham and Grafton Counties. In this project, families are assigned to one family division judg
There is no legal presumption in Arizona favoring either parent or in favor of joint custody versus sole custody. Each case is ideally determined on its own merits. There are two types of joint custody, “joint legal” and “joint physical” custody. Joint legal custody means that both parents have decision-making authority. Sole custody means that one parent has the final decision-making authority. The “primary residential or custodial parent” generally has the children more of the time, subject to visitation by the other parent. Joint physical custody means an almost 50-50 division of the children’s time. In either type of joint custody, the parents are expected to communicate and confer regarding major decisions about the children, such as education, child care, medical and religious decisions.
When the parties cannot reach an agreement regarding the custody of children, the court determines the custodial arrangement that is in the best interests of the children. To make its determination of custody and visitation, the court hears testimony from both parties, any experts they want to present, and any other parties who have direct knowledge of the ability of each spouse to parent the children. The court may also interview the children themselves or appoint a guardian to represent their interests. The court considers the following factors in awarding custody: • the parents’ ability to agree, communicate and cooperate on matters relating to the children; • the parents’ willingness to accept custody and any history of unwillingness to allow visitation, unless such unwillingness was based on substantiated abuse; • the interaction and relationship of the children with their parents and siblings; • any history of domestic violence; • the safety of the children and the safety of eith
When the parties cannot reach an agreement regarding the custody of children, the Court determines the custodial arrangement that is in the best interests of the children. To make its determination of custody and visitation, the Court hears testimony from both parties, any experts they want to present, and any other parties who have direct knowledge of the ability of each spouse to parent the children. The Court may also interview the children themselves or appoint a guardian to represent their interests.
