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What is the law on parental rights over a minor child living with parents in New Hampshire?

What is the law on parental rights over a minor child living with parents in New Hampshire?

Full question:

I am a 15-year-old living with my parents in New Hampshire. I would like to know what is the law on parental rights over a minor child?

Category: Paternity
Subcategory: Parental Rights
Date: 04/07/2025
State: New Hampshire

Answer:

In New Hampshire, father and mother of a minor are considered as joint guardians of the minor. The powers, rights, and duties of the father and the mother shall be equal. Upon death of either parent, the survivor shall be sole guardian of the person of the minor.

This is stated in RSA 463:3. It reads:

“I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal. Upon the death of either parent, the survivor shall be the sole guardian of the person of the minor.
II. Nothing in this chapter shall prevent the probate court from appointing a guardian of the person or of the estate or both, and the custody of any minor may be awarded to either parent by such court.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do when your child chooses to live with the other parent?

If your child chooses to live with the other parent, it's important to communicate openly with your child about their decision. You may also want to discuss this with the other parent to ensure that the living arrangement is suitable and in the child's best interest. If there are custody agreements in place, consider consulting a lawyer to understand how this change may affect those agreements. The court may need to be involved if there are disputes or if a formal modification of custody is required.

Can my 15 year old move out?

In New Hampshire, a minor cannot legally move out without parental consent until they reach the age of 18. However, if a 15-year-old feels unsafe or unhappy at home, they can seek help from a trusted adult or local services. In some cases, they may be able to petition the court for emancipation, but this process can be complex and typically requires legal assistance.

At what age can a child refuse to see a parent in New Hampshire?

In New Hampshire, there is no specific age at which a child can unilaterally refuse to see a parent. However, as children mature, their preferences may be taken into account by the court. Typically, the court will consider the child's wishes more seriously as they approach their teenage years, especially if they are 14 or older. It's best to consult with a lawyer if there are concerns about visitation.

Can I prevent someone from being around my child?

Yes, you can seek to prevent someone from being around your child if you believe they pose a risk to your child's safety or well-being. This may involve obtaining a protective order or seeking a modification of custody arrangements through the court. It is advisable to document any concerns and consult with a legal professional to understand your options and the necessary steps to take.

Can you stop someone from moving away with your child?

If you have legal custody of your child, you may be able to prevent someone from moving away with them. If the other parent intends to relocate, they may need to seek your consent or obtain permission from the court. If you believe the move is not in the best interest of the child, you should consult with a lawyer to explore your legal options and potentially file for a court order to prevent the relocation.

How can I stop my ex from moving away with my child?

To stop your ex from moving away with your child, you can file a motion with the court to modify custody or visitation arrangements. It's important to demonstrate how the move would negatively impact your child's well-being. If you have joint custody, the other parent typically needs your consent to relocate. Consulting with a family law attorney can help you understand your rights and the best course of action.