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 similar in both legal separation and divorce. The processes for both are alike in terms of time, filing costs, and legal fees, as well as the issues addressed, including custody, support, and property division. However, in a legal separation, you and your husband remain legally married.
In New Hampshire, there are two types of custody: legal and physical. Legal custody involves making significant decisions about your child's welfare, such as education, medical treatment, and religious upbringing. There is a presumption in favor of joint legal custody, meaning both parents are typically granted this right unless the court provides a reason for denying it.
Physical custody refers to where the child primarily lives. You can have shared or split physical custody arrangements. If one parent is the primary physical custodian, the other parent usually has visitation rights. Custody decisions are based on the best interests of the child, and the court has broad discretion in making these orders. The court's decision will not be overturned unless it is shown that the court abused its discretion.
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.