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Aug 3rd, 2005
Taking effect October 1, parents who file for divorce in New Hampshire can be ordered to seek mediation if they cannot agree on how to divide their children's time.
Advocates of the new law hope the mediation will allow the divorce or separation process to be less hostile. Currently, New Hampshire divorce laws require both parents to agree to a mediation session, but the new law will allow judges to order families to try to settle their differences with a mediator's help.
Under the new New Hampshire divorce law, parents will be expected to work together to create plans for where their children will live, go to school and spend holidays.
For more information on New Hampshire Divorce Law, please contact us.
Issues Regarding Child Custody
Child custody rights may be shared by both parents or, primary child custody rights may be awarded to one parent or legal guardian. Since the 1970s the family court will award child custody rights contingent with the best interests of the child.
Child custody for fathers following a divorce is one of the most important aspects of a dissolving marriage. Throughout history the legal presumptions about child custody for fathers has changed significantly. Before the twentieth century children were regarded as the property of their father. Under common law, child custody for fathers was commonly awarded, as children were considered a father's rightful property. A major shift occurred after this period in history, as family courts came to favor mothers in child custody cases. It was presumed that under normal circumstances, children did better when placed in the sole custody of their mothers.