New Hampshire child custody is covered under New Hampshire title XLIII, Chapter 461-A Parental Rights and Responsibilities.

If you are involved in an New Hampshire child custody case, I recommend that you hire a child custody lawyer in order to have your best chance to win custody. However, it is also important to educate yourself. Below, are excerpts from 461-A:2, 461-A:4, 461-A:5, 461-A:6 and 461-A:7 dealing with child custody factors.

461-A:2 Statement of Purpose.
I. Because children do best when both parents have a stable and meaningful involvement in their lives, it is the policy of this state, unless it is clearly shown that in a particular case it is detrimental to a child, to:

1. Support frequent and continuing contact between each child and both parents.
2. Encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or divorced.
3. Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, unless there is evidence of domestic violence, child abuse, or neglect.
4. Grant parents and courts the widest discretion in developing a parenting plan.
5. Consider both the best interests of the child in light of the factors listed in RSA 461-A:6 and the safety of the parties in developing a parenting plan.

II. This chapter shall be construed so as to promote the policy stated in this section.

461-A:4 Parenting Plans; Contents.
I. In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under RSA 173-B, the parents shall develop and file with the court a parenting plan to be included in the court’s decree.

If the parents are unable to develop a parenting plan, the court may develop it. In developing a parenting plan under this section, the court shall consider only the best interests of the child as provided under RSA 461-A:6 and the safety of the parties.

II. A parenting plan may include provisions relative to:

1. Decision-making responsibility and residential responsibility.
2. Information sharing and access, including telephone and electronic access.
3. Legal residence of a child for school attendance.
4. Parenting schedule, including:
   • Holiday, birthday, and vacation planning.
   • Weekends, including holidays, and school in-service days preceding or following weekends.
5. Transportation and exchange of the child.
6. Relocation of parents.
7. Procedure for review and adjustment of the plan.
8. Methods for resolving disputes.

461-A:5 Decision-making Responsibility.

Except as provided in paragraph III, in the making of any order relative to decision-making responsibility, there shall be a presumption, affecting the burden of proof, that joint decision-making responsibility is in the best interest of minor children:

I. Where the parents have agreed to an award of joint decision-making responsibility or so agree in open court at a hearing for the purpose of determining parental rights and responsibilities for the minor children of the marriage. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.

II. Upon the application of either parent for joint decision-making responsibility, in which case it may be awarded at the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint decision-making responsibility is appropriate under this section, the court may appoint a guardian ad litem to represent the interests of the children according to the provisions of RSA 461-A:16. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.

III. Where the court finds that abuse as defined in RSA 173-B:1, I has occurred, the court shall consider such abuse as harmful to children and as evidence in determining whether joint decision-making responsibility is appropriate. In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the children or the abused spouse or both. If joint decision-making responsibility is granted despite evidence of abuse, the court shall provide written findings to support the order.

461-A:6 Determination of Parental Rights and Responsibilities; Best Interest.

I. In determining parental rights and responsibilities, the court shall be guided by the best interests of the child, and shall consider the following factors:

1. The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.
2. The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
3. The child’s developmental needs and the ability of each parent to meet them, both in the present and in the future.
4. The quality of the child’s adjustment to the child’s school and community and the potential effect of any change.
5. The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, except where contact will result in harm to the child or to a parent.
6. The support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact.
7. The support of each parent for the child’s relationship with the other parent.
8. The relationship of the child with any other person who may significantly affect the child.
9. The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children.
10. Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.
11. If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.
12. Any other additional factors the court deems relevant.

II. If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the determination of parental rights and responsibilities.

Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child’s preference, including whether the minor child’s preference was based on undesirable or improper influences.

III. In determining parental rights and responsibilities under this section, including residential responsibility, the court shall not apply a preference for one parent over the other because of the sex of the child, the sex of a parent, or the financial resources of a parent.

IV. If the court finds that a parent has been convicted of sexual abuse or sexual assault against such parent’s minor child or minor stepchild, the court may prohibit contact between such parent and the victim of the abuse and any sibling or step-sibling of the victim.

The court shall make orders that best protect the victim of the abuse and the siblings and step-siblings of such victim. In this paragraph, ""sexual abuse” shall mean sexual abuse as defined in RSA 169-C:3, XXVII-a, and ""sexual assault” shall mean sexual assault as provided in RSA 632-A:2, RSA 632-A:3, and RSA 632-A:4.

V. If the court determines that it is in the best interest of the children, it shall in its decree grant reasonable visitation privileges to a party who is a stepparent of the children or to the grandparents of the children pursuant to RSA 461-A:13. Nothing in this paragraph shall be construed to prohibit or require an award of parental rights and responsibilities to a stepparent or grandparent if the court determines that such an award is in the best interest of the child.

VI. The court may appoint a guardian ad litem to represent the interests of the child according to RSA 461-A:16.

VII. At the request of an aggrieved party, the court shall set forth the reasons for its decision in a written order.

461-A:7 Mediation of Cases Involving Children.

I. The general purpose of this section is to:

1. Manage conflict and decrease acrimony between parties in a dispute concerning parental rights and responsibilities for minor children.
2. Promote the best interest of children.
3. Improve the parties’ satisfaction with the outcome of disputes concerning parental rights and responsibilities.
4. Increase the parties’ participation in making decisions for themselves and their children.
5. Increase compliance with court orders.
6. Reduce the number and frequency of cases returning to court.
7. Improve court efficiency.

II. The mediator has no authority to make a decision or impose a settlement upon the parties. The mediator shall attempt to focus the attention of the parties upon their needs and interests rather than upon their positions. Any settlement is entirely voluntary. In the absence of settlement, the parties lose none of their rights to a resolution of their dispute through litigation.

III. In all cases involving disputed parental rights and responsibilities or grandparents’ visitation rights, including requests for modification of prior orders, the court may order the parties to participate in mediation. If the parties are ordered to participate in mediation under this section, all issues relevant to their case, including but not limited to child support and issues relative to property settlement and alimony under RSA 458, shall also be mediated unless the court orders otherwise.

IV. Reasons the court may choose not to order mediation include, but are not limited to, the following:

1. A showing of undue hardship to a party.
2. An agreement between the parties for alternate dispute resolution procedures.
3. An allegation of abuse or neglect of the minor child.
4. A finding of alcoholism or drug abuse, unless all parties agree to mediation.
5. An allegation of serious psychological or emotional abuse.
6. Lack of an available, suitable mediator within a reasonable time period.

V. The court shall not order mediation if there is a finding of domestic violence as defined in RSA 173-B:1, unless all parties agree to mediation.

VI. Either party may move to have the mediator replaced for good cause.

VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court, except as provided in RSA 328-C:9.

VIII. Any mediated agreement reached by the parties on all or some of the disputed issues shall be reduced to writing, signed by each party, and filed with the court as soon as practicable.

IX. The parties shall participate at mediation in good faith. If the mediator determines that mediation is not helpful in resolving the dispute, the mediator shall report that fact to the court and return the matter to the court for adjudication of the underlying issues.

X. In the event both parties are indigent, the mediator shall be paid a set fee for his or her services. The amount of the fee shall be set annually by supreme court rule. The court may order each party to pay a proportional amount of said fee. The fee shall be paid from the special fund established pursuant to RSA 461-A:17 and repaid by the parties in accordance with RSA 461-A:18.

XI. The supreme court shall establish rules and take such action as necessary to effectuate the purpose of this section.

I strongly urge you to find a child custody lawyer in order to increase your chances of winning your case for New Hampshire child custody.