New Hampshire Divorce Lawyer & Attorney : Crusco Law Firm : Family Law, Custody, Child Support : Manchester, New Hampshire, Massachusetts

The court uses a “best interests of the child” standard as set forth in RSA 461-A, and specifically RSA 461-A:6. The statute does more than just identify a grocery list of twelve factors to guide a court’s evaluation of parenting rights and responsibilities. It sets forth an assessment designed to determine the best interests of the child or children involved in such a proceeding.

It also gives courts the ability to: consider what the child wants; take certain steps to protect victims of sexual abuse or assault from a parent; grant reasonable visitation privileges to stepparents and grandparents; and appoint a guardian ad litem (GAL) to represent the child. Additionally, RSA 461-A:6 prevents the court from including the sex of the child or parent or even the parent’s financial means as part of its evaluation.

With that said, the factors are important and cover a spectrum of considerations as follows:

a)      The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.

b)      The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.

c)      The child's developmental needs and the ability of each parent to meet them, both in the present and in the future.

d)     The quality of the child's adjustment to the child's school and community and the potential effect of any change.

e)      The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, except where contact will result in harm to the child or to a parent.

f)       The support of each parent for the child's contact with the other parent as shown by allowing and promoting such contact.

g)      The support of each parent for the child's relationship with the other parent.

h)      The relationship of the child with any other person who may significantly affect the child.

i)        The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children.

j)        Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.

k)      If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.

l)        Any other additional factors the court deems relevant.

These factors are a guide for the court, and no single factor is determinative for an award of parenting rights and responsibilities. In the end, it is at the discretion of the court as to how heavily it will weigh each factor and be guided by a guardian ad litem's recommendation.

Blog Credit: Tara Moore, Crusco Law Office Law Clerk

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When parties disagree about the parenting rights and responsibilities of each parent, often the court appoints a Guardian Ad Litem. This adds an additional time and cost to a divorce or parenting case. As with attorney fees, the cost of GAL can vary depending on the rate that he charges and the time demanded by the complexity of the case. 

A GAL can be paid through "private pay" or through the "court fund."  When a GAL is paid through a"private pay" case, the court's order of appointment apportions the payment of the GAL's retainer. The cost is not always split 50/50, and the division of the fees is reviewable at a final hearing. In New Hampshire, the retainer usually ranges between $1,000 and $1,500. Additionally, the hourly rate varies from $60 to $100 per hour.

When one or both parties cannot afford to pay for the GAL, the court may order the payment of services from the Guardian ad Litem court fund. When a party qualifies to use the court fund, the GAL is paid for her fees through the court's fund. However, a party is required to contact the New Hampshire Office of Cost Containment to determine their ability to repay the fund for their share of the GAL services in their case.

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A guardian ad litem, often referred to as a "GAL," is a person appointed by the court to represent the best interests of an individual. Unlike a guardian, a GAL does not manage the affairs of of persons, nor do they act as their attorney.  

In a divorce or parenting petition proceedings, the GAL is usually appointed to represent the best interests of the children. The court charges the GAL with the responsibility of investigating designated issues and making recommendations to the court. Issues can include parenting responsibility, parenting schedules, ability of either parent, influence of significant others, and special needs of the children. The GAL is a valuable tool for the court since the GAL can gather a lot of information to provide to the court and aid in making a decision regarding parenting rights and responsibilities.

For more information on Guardian ad Litems, the New Hampshire guardian ad litem board has useful information on their site.

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