The following form is a Petition that adopts the "notice pleadings" format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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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.
After a decree becomes final, either party may petition the court to change the final court order in their case. The petition must be provided to the other party as though it were a new case, with service to be accomplished as set forth in Family Division Rule 2.4.
There is no set age at which the court may consider the child's wishes in New Hampshire, as the law recognizes that age does not equal maturity. Essentially, the court can decide to factor in the child's wishes regarding which parent he or she wants to live with as it sees fit.
New Hampshire Cases "When determining matters of custody and visitation, a trial court's overriding concern is the best interest of the child. In doing so, the trial court has wide discretion, and we will not overturn its determination except where there has been an unsustainable exercise of discretion."
Situations in which sole-decision making responsibility can be awarded include cases where: one parent committed physical abuse against the other parent, one parent is abusing drugs or alcohol, one parent is incarcerated.
There is no set age at which the court may consider the child's wishes in New Hampshire, as the law recognizes that age does not equal maturity. Essentially, the court can decide to factor in the child's wishes regarding which parent he or she wants to live with as it sees fit.
The parent have continuously neglected or failed to provide the child with necessary education or medical care for mental, emotional or physical health problems. This does not include parents who financially cannot afford treatment, but rather parents who refuse to give their child proper care.
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.
