Fathers' Rights in New Hampshire Custody Cases

Many fathers walk into a New Hampshire custody case assuming the system is stacked against them. Under the law, it is not. Here is what New Hampshire law actually says about fathers' rights, and what fathers can do to protect their relationship with their children.

New Hampshire law does not favor mothers

New Hampshire does not use the word "custody" in most family cases. Instead, the court allocates parental rights and responsibilities under RSA 461-A, covering both decision-making and parenting time.

The law is clear that the court may not prefer one parent over the other because of the parent's sex. Mothers and fathers start on equal footing. The question is always what arrangement is in the best interests of the child.

What "best interests of the child" means

RSA 461-A:6 lists the factors a court considers. They include:

• The relationship between the child and each parent
• Each parent's ability to provide nurturing, guidance and stability
• The child's developmental needs and each parent's ability to meet them
• Each parent's support for the child's relationship with the other parent
• The relationship of the child with siblings and other important people
• The preference of a mature child, if appropriate
• Any history of abuse

Notice what is not on the list: which parent is the mother. Fathers who have been involved in their children's daily lives, and who support the children's relationship with the other parent, give the court important evidence of the role they play.

Unmarried fathers: establish paternity first

If you were not married to your child's mother, there is an important first step: legally establishing that you are the father. Until paternity is established, you may not have an enforceable right to parenting time or decision-making.

In New Hampshire, paternity can generally be established in one of two ways:

• Voluntary acknowledgment. Both parents sign an acknowledgment of paternity, often at the hospital when the child is born.
• Court order. Either parent can ask the court to determine paternity, which may involve genetic testing.

Once paternity is established, an unmarried father can file a parenting petition asking the court to approve a parenting plan, just like parents going through a divorce.

What fathers can do to strengthen their case

• Stay involved. School pickups, doctor's appointments, activities and bedtime routines all show the court the role you play.
• Keep records. A simple calendar of your parenting time and involvement can be valuable.
• Support the other parent's relationship with the children. Courts pay close attention to which parent encourages a healthy relationship with the other parent.
• Communicate respectfully. Assume that texts and emails could be read by a judge.
• Propose a realistic plan. A parenting schedule that fits the children's school and activities, and your work schedule, carries weight.

Child support is separate from parenting time

Paying child support does not buy parenting time, and not receiving support is not a reason to deny it. The two are handled separately. That said, parenting time can affect the child support calculation. Our guide to how child support is calculated in New Hampshire explains how shared parenting schedules are treated.

Changing an existing parenting plan

If you already have a parenting plan that no longer works, New Hampshire law allows modification only on specific grounds. Read our guide to modifying a parenting plan in New Hampshire for details.

The bottom line

Fathers in New Hampshire have the same rights as mothers. What matters is your relationship with your children and your ability to meet their needs. Understanding the law, and preparing early, can make a real difference in the outcome.

This article is for general informational purposes only and does not constitute legal advice. Laws change, and how they apply depends on the specific facts of your case. Reading this article or contacting Granfield Legal Services does not create an attorney-client relationship. Attorney advertising.