QUESTION
should I fight for custody? or settle for what she wants?
Asked on Oct 19th, 2014 on Child Custody - New Hampshire
More details to this question:
We were never married. We separated 2 years ago with 2 children in Kindergarden now. We have shared custody without going to court until now. I have lived at a scout reservation for 5 years now and the kids and co-parent lived with me there for 2 years before we separated. My co-parent moved 30 min away to her mothers 2 bedroom home. Lack of space for the kids is a definite issue. The kids go to kindergarden in her town, which is a better school according to the state statistics. She signed them up behind my back shortly before we began the court process. She wants full child support and primary custody. I want 50/50 time which she is unwilling to settle for and a break from full support due to travel costs to her town and the fact that I will have them 50% of the time. I have always been available for every need along the way and put in my time as a good father.
1 ANSWER
In New Hampshire, the court makes custody decisions using the best interest of the child standard. Under this standard, the court looks at a variety of factors to determine the parenting schedule that is in the children best interest. If you have been active in your children's lives, then a 50/50 custodial is possible. These cases are fact specific and differ for each family. If you would like information on the best interest standard, please check of the following link to a blog article: http://nashualaw.blogspot.com/2014/02/new-hampshire-courts-use-best-interests.html
Many thanks.
Answered on Oct 20th, 2014 at 7:43 AM