The New Hampshire Decree on Parenting Petition is a legal document used to establish the rights and responsibilities of parents in cases where parents are not married. It is typically used when a child is born to unmarried parents, and one or both of the parents are seeking to establish legal parental rights. The New Hampshire Decree on Parenting Petition includes provisions for parental rights and responsibilities, such as custody and visitation rights; designation of the primary residence of the child; assignment of legal decision-making authority; and the payment of child support. There are two types of New Hampshire Decree on Parenting Petition: Joint Parenting Plan and Sole Parenting Plan. The Joint Parenting Plan is used when both parents agree to have joint legal and physical custody of the child, and the Sole Parenting Plan is used when one parent will have sole legal and physical custody of the child.
New Hampshire Decree on Parenting Petition
Description
Key Concepts & Definitions
Decree on Parenting Petition: A legal document issued by a court that outlines the agreements between divorced or separated parents regarding their parental responsibilities.
Parenting Plan: A component of the parenting petition that details the parenting arrangements, such as custody schedules and decision-making protocols.
Child Support: Financial contributions required by law to be paid by one parent to another to assist with child-raising expenses.
Child Custody: Legal determination of which parent or guardian has the right to make decisions about a child's upbringing and where the child will live.
Legal Separation: A court-approved arrangement where a married couple lives separately but remains legally married.
Step-by-Step Guide to Filing a Parenting Petition
- Determine the type of custody arrangement you seek, such as joint custody or sole custody.
- Consult with a legal professional experienced in family and marriage law, particularly if you're in states with unique regulations like New Hampshire.
- Prepare a detailed parenting plan that addresses child support, living arrangements, and visitation schedules.
- Fill out the necessary paperwork for a parenting petition, which can typically be obtained from your local courthouse.
- Submit the petition along with any required filing fees to the appropriate court.
- Attend court hearings, if necessary, where decisions regarding child custody and support will be finalized.
Risk Analysis
- Lack of Legal Representation: Neglecting to hire a competent attorney can lead to missteps in the legal process, potentially resulting in unfavorable terms of custody or support.
- Inadequate Parenting Plan: A poorly constructed parenting plan may fail to address all necessary details, leading to future conflicts and legal disputes.
- Financial Burden: The costs associated with filing a petition, legal fees, and potential loss of income due to court appearances can be substantial.
Pros & Cons
Pros:- Clear legal structures help in defining the responsibilities and rights of each parent.
- May improve child welfare by providing consistent support and living arrangements.
- Can be costly and time-consuming due to legal fees and court proceedings.
- Potentially creates conflict or distress for the children if not handled sensitively.
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FAQ
The Court has the right to award sole-decision making responsibility, meaning one-parent makes the decisions for the child, if the court believes it is in the child's best interest to do so.
If the parent was involved in sexual, physical, emotional or mental abuse of a child under RSA 169-C, they may have their parental rights terminated if the court believes that returning custody to the parent will lead in further ?substantial? harm to the child.
You have the right to be with your child and you have the right to make decisions about how your child will grow up. You have the right to decide about your child's education and religion. However, your child's other parent has the same rights.
A court order may have been made by a judge, or a judge may have approved an agreement made by you and your child's other parent. In either case, if you want to change that order and the other parent does not agree, you will have to file a court action and ask a judge to change the order.
Grounds for Termination of the Parent-Child Relationship in New Hampshire The parent treated the child in a way that resulted in severe harm to the child. The parent's treatment of the child has continued despite reasonable efforts of the court to change such conduct.
The law doesn't specify an age at which the court must take into consideration a child's preference. That's because age doesn't determine maturity level. So it's conceivable that a judge might take into account the wishes of a young, mature child, but not those of an older, less responsible one.
Pursuant to RSA 461-A-14, New Hampshire Child Support is payable until the dependent turns 18 or is out of high school, whichever occurs later; becomes married or a member of the armed services; is declared legally dependent beyond that age due to mental or physical disability; or unless the court has otherwise ordered
A person is guilty of a misdemeanor if such person knowingly takes, entices away, detains or conceals any child under the age of 18, or causes any such child to be taken, enticed away, detained or concealed, with the intent to detain or conceal such child from a parent, guardian or other person having lawful parental