New Hampshire’s “best interests” statute lists out several factors that the court should use to determine best interests. Many of the factors are little wordy, and as a whole the statute misses some of the very basic issues that must be considered when creating a parenting plan that is in the child’s best interest.
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All too commonly, I have had parents ask me to confirm that a mother has automatic custody of a child when parents separate and that the court will side with the mother in a custody battle. This is a misconception that has persisted far past the abolition of the “tender years doctrine.” With a little