When a couple divorces and there is a minor child involved, the divorce decree will specify who has physical custody as well as legal custody of the child. Physical custody determines where and with whom the child will live. Legal custody specifies who has the legal right to make important decisions about the child related to issues such as education, religion, medical issues, and discipline. Spouses often reach an agreement regarding child custody on their own, but if they do not, a New Hampshire court will intervene and establish custody arrangements based on the best interests of the child. For a summary of child custody law in New Hampshire, go to divorcesource.com.

There are typically several different custody arrangements that may be made for children of divorced parents. In most cases, courts will award physical custody to one parent with whom the child will live most of the time. The parent with physical custody, or the custodial parent, often shares legal custody, or the right to make decisions regarding the child, with the non-custodial parent. Many child custody arrangements involve joint custody in which the child spends a relatively equal amount of time with each parent.

In New Hampshire, joint legal custody means joint responsibility for all parental rights and decisions. It is presumed to be in the best interests of the child unless there have been instances of child abuse by one of the parents. According to lawyers.com, custody is awarded based on the consideration of the following factors:

• Preference of the child
• The education of the child
• Any findings or recommendations of a neutral mediator
• Any other factors

New Hampshire courts give no custody preference to either parent based on the parent's gender. The repeated and unwarranted interference with the visitation rights of the non-custodial parent by the custodial parent may be a factor in modifying custody arrangements. According to New Hampshire law, courts may modify a permanent custody order if any of the following occur:

• The parties agree to a modification
• The court finds repeated, intentional, and unwarranted interference by the parent who has either permanent custody, primary custody, physical custody, permanent joint custody, or shared physical custody with the visitation or custodial rights of the other parent, and the court determines that a change in physical custody is in the best interests of the child
• The court finds that the child's present environment is detrimental to the child's physical, mental, or emotional health and that the advantage to the child of modifying a permanent custody order outweighs the harm likely to be caused by the change in environment
• If the court finds that a minor child is of sufficient maturity to make a sound judgment about his or her proper custody, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live
• If the parents have substantially equal periods of physical custody, and each asserts that the original joint custody arrangement is not working, the court may order a change in physical custody based on a finding that the change in custody is in the best interests of the child.