Executive Board:
John Grosz, President
Ryan Brech, Vice President
Steve Mathis, Treasurer
Brian Martin, Secretary
Open, West River Rep.
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New Hampshire
458:17 Support and Custody of Children. -
I. In all cases where there shall be a decree of divorce or nullity, the court shall make such further decree in relation to the support, education, and custody of the children as shall be most conducive to their benefit and may order a reasonable provision for their support and education.
II. Except as provided in subparagraph (c), in the making of any order relative to such custody there shall be a presumption, affecting the burden of proof, that joint legal custody is in the best interest of minor children:
(a) Where the parents have agreed to an award of joint legal custody or so agree in open court at a hearing for the purpose of determining the custody of the minor children of the marriage. If the court declines to enter an order awarding joint legal custody, the court shall state in its decision the reasons for denial of an award of joint legal custody.
III. For the purposes of RSA 458:17, II "joint legal custody' shall include all parental rights with the exception of physical custody which shall be awarded as the court deems most conducive to the benefit of the children.
IV. In those cases where joint legal custody is awarded to the parents and physical custody of the child or children is awarded to one of the parents, the other parent shall be awarded physical custodial rights during all periods of the time heretofore referred to as visitation, except that such other parent shall not be deemed to have a right of primary physical custody under RSA 633:4.
VI. In making any order relative to such custody, the court shall not give any preference to either parent of the children because of the parent's sex. The court may take into consideration any preference shown by said children. If the court determines that it is in the best interest and welfare 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 458:17-d. Nothing in this paragraph shall be construed to prohibit or require an award of custody to a stepparent or grandparent if the court determines that such an award is in the best interest of the child.
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