FAQ
Q: What is the difference between divorce and legal separation? A. The difference between a divorce and a legal separation is that with a legal separation the wife cannot change her name from her husband's name through this legal process and neither party can re-marry.
Q: I am divorcing my spouse, can I have sole custody of my child?
A. The law favors joint parenting. Unless there is a reason for the sole parenting responsibility, such as abuse, severe deficits in parenting ability, etc., then it will be difficult to convince a judge that sole custody is warranted.
Q: I was told I can't use the word "custody" anymore, why?
A: The NH legislature implemented a law, Parenting Rights and Responsibilities, which uses different terminology. This change in terminology is an attempt to urge parents from focusing on children as property to be fought over, and instead, as human beings to be raised. The courts no longer use these terms and have changed the names of the forms used to file for what used to be called "Petition for Custody", to "Parenting Petition".
Q: I am a father who wants to surrender my rights so I don't have to pay child support anymore. Can I?
A: No. If it were that easy everyone would do it. A surrender of parental rights must occur as part of an adoption proceeding. It is possible for a parent to file for a single parent adoption, but that person must be the parent adopting the child, not the parenting seeking to terminate their own rights.