Legal Question in Family Law in New Hampshire

I am a New Hampshire resident who has joint legal custody of 2 children. One parent wants to send our 13 year old daughter to an out of state private boarding school, the other parent does not.

Can one parent make this decision alone without the other parent's consent?

Do both parents have to consent to this?


Asked on 10/29/09, 6:40 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Unfortunately, without an examination of your divorce decree it is more difficult to frame a response. New Hampshire no longer uses "joint custody" when dealing with the issue of children. The law starts with a belief that both parents should be actively involved in raising the children. The term used is "parenting rights and responsibilities."

If the parents can't agree to a major change as you've described, it is generally best to seek the assistance of a neutral third party, whether that is an attorney, mediator, counselor, or other agreeable person to help the parents reflect on what is in the best interest of the child. If an agreement can not be reached, then filing a petition with the court for a review of parenting rights and responsibilities is the next option.

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Answered on 11/04/09, 9:17 am


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