This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
New Hampshire USLegal Guide to Temporary Custody
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Multi-State
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US-GDE-05
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Word;
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FAQ
The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.
To prove that a parent is not fit for custody, you need to provide a history of the parent's behavior and how it has impacted the child. This might include: Photos, audio/video recordings, social media posts, phone messages/texts/emails. Medical records, substance abuse rehab records, X-rays, and test results.
Examples of unfit parents include those who have drug or alcohol problems and foster an unsafe living environment as a result or a parent with a mental illness who is unstable.
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.
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."
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.
Risk to safety: An unsafe or unstable home environment may be one that is dangerous to the child. This may include being exposed to dangerous people such as new partners with serious criminal convictions or living in a very messy and dirty house which could cause illness or neglect.
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.