Full question:
I have a one year old daughter involved in my separation. I have not separated from my husband at this time. I had found out that he has been cheating on me, and I can not afford a divorce lawyer at this time. So separation at this point seems fit. But I don’t know what to do about custody issues as well as how to make it legal.
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: New Hampshire
Answer:
Custody issues are the same in both a legal separation and a divorce. Legal procedures for both divorce and separation are the same in many ways such as the time they take, the filing costs and legal fees, and the issues dealt with (custody, support, property division). There are differences. In a legal separation, the parties remain legally married.
You and your husband may want to consider a no fault uncontested divorce.
There are two types of custody in New Hampshire, legal and physical. Legal custody refers to the right to make all of the important decisions affecting the child's welfare such as where the child will attend school, decisions about medical treatment and whether the child will have any religious upbringing. There is a statutorily created presumption in favor of joint legal custody. If the Court declines to order joint legal custody it must state the reasons for such denial in its Order.
Physical custody is where the child will primarily reside. It is possible to have a shared or split physical custody arrangement. In cases where one parent is the prime physical custodian, however, the non-custodial parent will usually be entitled to rights of visitation with the child.
Custody is based upon what is in the best interests of the child. The Court is afforded broad discretion in making a physical custody order which will not be disturbed unless it is shown that it abused its discretion in making the order.
Given that the standard for an award of custody is what is in the best interests of the child, all relevant circumstances are considered by the Court in rendering a decision.
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.
