Application of the Best Interest of the Child Standard

When determining parental rights and responsibilities in a New Hampshire divorce, courts apply the “best interest of the child” standard. This principle ensures that decisions regarding custody and parenting time are made with the child’s well-being as the central focus. It significantly impacts parenting plans, especially when parents seek to modify or challenge an equally-shared parenting arrangement.

New Hampshire courts generally encourage shared parenting, believing that children benefit from strong relationships with both parents. However, each case is unique, and the courts carefully evaluate whether shared parenting serves the child’s best interests.

Understanding the Best Interest Standard

The best interest of the child standard is outlined in RSA 461-A:6. This statute requires courts to consider several factors, including:

1.  The child’s relationship with each parent.
2.  Each parent’s ability to provide nurture, love, and guidance.
3.  The willingness of each parent to foster a positive relationship with the other.
4.  The child’s adjustment to their home, school, and community.
5.  The mental and physical health of the child and parents.

These factors guide the court in crafting a parenting arrangement that promotes the child’s welfare, stability, and development.

Equally-Shared Parenting Plans

Equally-shared parenting plans typically involve the child spending equal time with each parent. These arrangements can work well when both parents actively participate in their child’s life and co-parent effectively.

New Hampshire courts emphasize the importance of both parents being meaningfully involved in their child’s upbringing. Courts support “frequent and continuing contact” between children and both parents whenever possible. However, shared parenting is not guaranteed; the court must assess whether such a plan meets the child’s best interests. Factors like the parents’ ability to cooperate and provide a stable environment play a crucial role.

How the Standard is Applied in Practice

In Lovejoy v. Lovejoy, the mother appealed a trial court’s decision to implement an equally-shared parenting plan, arguing it was not in the child’s best interest. The mother proposed a different schedule, claiming that the father lacked adequate parenting skills. The Guardian ad Litem (GAL) supported her proposal, but the court found that while the father’s parenting style was stricter, there was insufficient evidence to show harm to the child.

The court upheld the equally-shared parenting plan, emphasizing that the child enjoyed time with both parents. This case demonstrates how courts evaluate testimony, including GAL recommendations, and ultimately focus on what will foster the child’s growth and development.

Applying the Best Interest Standard to Your Case

If you are facing a custody dispute or seeking modifications to a parenting plan, understanding how the best interest standard applies is essential. Whether you want an equally-shared parenting arrangement or a different schedule, you need to demonstrate how your plan serves your child’s needs.

Some key questions to consider include:

• How well does your child adjust to time with each parent?
• Can both parents communicate and make joint decisions for the child?
• Is one parent better suited to handle daily responsibilities, or can both share these equally?
• Does the proposed plan affect the child’s emotional or physical well-being?

If the court determines that equally-shared parenting is not in your child’s best interest, it may implement a different arrangement. However, the court’s decision will always focus on what is best for the child’s welfare, not solely the parents’ preferences.

Conclusion

The best interest of the child standard is the guiding principle in all parenting plan decisions in New Hampshire. Whether advocating for or contesting an equally-shared parenting plan, the focus should remain on creating a stable and nurturing environment for your child’s development. At Schoff & Reardon, PLLC, we are here to assist you in building a case that prioritizes your child’s best interests.

If you have questions about your parenting plan or need help with a custody dispute, contact us today for a consultation.