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Child custody

child's choice on where to live

Most state laws allow the court to consider a child’s preference on which parent’s home will be the child’s primary residence after the child reaches a certain age—often 12-14 years of age.

But the court usually does not have to follow the child’s preference. Generally, the older the child is, the more deference will be given to the child’s choice on which parent’s home will be the child’s primary residence.

The law on this issue is usually found in your state’s statutes—often in the statutes grouped together and called the family code.

In New Hampshire, the court considers a child's preference regarding their primary residence in custody cases, but this is just one of many factors the court evaluates. New Hampshire does not have a specific age at which a child's preference must be considered, but the preference tends to carry more weight as the child gets older. The court's primary concern is the best interest of the child, which includes various factors such as the child's safety, emotional needs, and stability. The child's preference is not determinative, meaning the court is not bound to follow it, especially if the court believes that the child's best interest is served by a different living arrangement. The relevant statutes can be found in the New Hampshire Revised Statutes Annotated (RSA), particularly in the sections pertaining to domestic relations and child custody.

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Child custody

child's choice on where to live

Individual & Family Legal Plan

Articles

New-Hampshire State Code

New-Hampshire State Code

Child custody

child's choice on where to live

Articles