New Hampshire Child Custody Factors

In all cases where there shall be a decree of divorce or nullity, the court shall make such further decree in relation to the custody of the children as shall be most conducive to their benefit.

1. Where the parents have agreed to an award of joint legal custody or so agree in open court joint legal custody is presumed to be in the best interest of the children.
2. Upon the application of either parent for joint legal custody or so agree in open court joint legal custody is presumed to be in the best interest of the children.
3. Upon the application of either parent for joint legal custody, in which case it may be awarded in the discretion of the court.
4. Where the court finds that abuse has occurred, the court shall consider such abuse as harmful to children and as evidence in determining whether joint legal custody is appropriate. In such cases, the court shall make custody and visitation orders that best protect the children or the abused spouse or both.
5. The paramount and controlling consideration in deciding child custody is the overall welfare of the child, and there is no one formula for all cases, each case being determined by its particular facts.
6. Considerable weight may be given to the stated preference of a mature minor, provided taht preference was not unduly influenced.

New Hampshire Revised Statutes Sec. 458:17

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