Divorce New Hampshire Custody
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In the past, the child custody cases in this state resulted in one parent getting custody while the other receiving visitation. As time goes by, both parents are getting more involved in custody and the previous sentence is no longer applicable.
Some parents opt for shared physical custody. In this type of custody, the child spends approximately equal durations of time with each parent. As per some schedules, one of the parents is along with the child for a major part of the school year. The other parent accompanies the child for more time in the vacations and summers.
Factors considered by court in Divorce New Hampshire Custody
- What is the state of communication between the father and the mother?
- Does the child require a "home base" or is he/she flexible?
- Does the child participate in after school activities? Does each parent endorse and take part in these activities?
- What is the condition of school with respect to transportation and quality of systems?
- By how many miles are the residences of the parents separated?
- Is a protective order in force?
- Since the parties separated, which party has played the role of the primary caretaker of the child?
- Let us assume that in marital life both the parents were employed outside the house. Then, in case of illness of the child or other child related reasons, which parent altered his/her work schedule?
- During the marriage, was the father or the mother the primary caretaker?
Assistance in Divorce New Hampshire Custody
In this state, there are several child care resource programs and visitation centers that assist the parents with the child custody plan. Some of the services offered are as follows.
- Court advocacy
- Referrals to community resources and services
- Referrals to child care centers that are in the state
- A neutral pick up/drop off site that is monitored by some staff
- Semi supervised or supervised on site visitation
Protection from Section 9 requirements of UCCJA
While a claim for custody is pending, it is essential to adhere to Section 9 demands of UCCJA (Uniform Child Custody Jurisdiction Act). While doing so, it is obligatory to file the following under oath.
- The present address of the parent
- Each address at which the child under consideration has stayed during the previous 5 years
- The names and present addresses of each person with whom the child has lived in the previous 5 years
However, the law provides a means to safeguard the confidentiality of the above information. This can be done by filing an ex parted motion and thereby requesting the court for the below mentioned points.
- The court should sequester, impound or seal the affidavit and consequently, it should be accessible only to the court
- The parent would comply with Section 9 affidavit in an "in camera" proceeding where the parent's abuser and his/her lawyer is absent
- The court may allow filing Section 9 affidavit without the parent including any names and addresses that risk the parent's position. However, the parent should file an affidavit mentioning
- The duration for which the child has resided in New Hampshire
- The past incidences of domestic violence
- A sentence stating that disclosure would jeopardize the parent or the child
- Hence, disclosure is not in the best interests of the child
- The court should waive filing of the Section 9 affidavit
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