How to File a Parenting Petition

Jurisdiction

Pursuant to RSA 458-A:3, a single of the subsequent should use to file a parenting motion or modification in New Hampshire: 

I. A court of this condition which is competent to choose baby custody matters has jurisdiction to make a child custody determination by initial or modification decree only when: 

(a) This state (1) is the home condition of the youngster at the time of graduation of the custody proceeding or (2) has been the kid’s house point out inside of 6 months before graduation of these types of proceeding and the youngster is absent from this point out simply because of his removing or retention by a particular person boasting his custody or for other explanations, and a father or mother or person acting as mother or father carries on to dwell in this point out or 

(b) It is in the very best fascination of the youngster that a court docket of this state presume jurisdiction simply because (1) the youngster and his mother and father, or the child and at the very least 1 contestant, have a important connection with this point out, and (2) there is within just the jurisdiction of the court docket sizeable proof regarding the kid’s existing or long run treatment, security, education, and own associations or 

(c) The child is physically current in this condition and (1) the boy or girl has been deserted or (2) it is essential in an unexpected emergency to shield the baby or 

(d) (1) It seems that no other state would have jurisdiction underneath conditions substantially in accordance with subparagraph (a), (b), or (c), or one more condition has declined to physical exercise jurisdiction on the ground that this condition is the additional correct discussion board to figure out the custody of the little one, and (2) it is in the very best desire of the child that this court docket assume jurisdiction. 

II. Besides below subparagraphs I(c) and (d), bodily presence in this point out of the youngster, or of the little one and a person of the contestants, is not on your own enough to confer jurisdiction on a court of this condition to make a baby custody perseverance. 

III. Physical existence of the kid, whilst desirable, is not a prerequisite for jurisdiction to ascertain his custody. 

There is a submitting charge for a parenting petition. 

To get started your parenting motion: 

If equally parents concur to file the parenting action, even if you will not concur on a parenting program or youngster aid, you could desire to file a Joint Parenting Petition, with each other with a Particular Details Sheet. Using a Joint Petition to commence the parenting motion avoids the charge of formal assistance of legal papers. 

Otherwise, if you want to file as an particular person, you will file a Parenting Petition, with each other with a Personal Information Sheet. The other mum or dad will need to be notified about this parenting motion. That notification will materialize both by the other dad or mum finding up the paperwork at the court docket, or by you sending the papers by licensed mail or through the sheriff. 

Once the petition has been submitted, gather the details and documents necessary less than Rule 1.25-A. 

Just after a joint petition is filed, or after company of an particular person petition, you will be scheduled for a To start with Overall look session. At this session, a choose or master will demonstrate the courtroom method and highlight essential factors to believe about involving your little ones. You will hear about the Kid Influence Seminar, parenting plans, mediation, and guardians ad litem, and little one help. A day will be picked for the next phase in your parenting motion, so please carry your calendar for scheduling needs. See 1st Visual appearance/Mediation for much more information. 

To entire your parenting action, you will need to file: 

If you will need an get of the courtroom in advance of finishing your parenting action, you may possibly request a short term hearing on the parenting petition. You will require to file a Decree on Parenting Petition prior to the temporary listening to. Generally, a Temporary Listening to will not be scheduled until eventually soon after First Look and mediation.