Modifying a Parenting Plan in New Hampshire Under RSA 461-A:11
When parents in New Hampshire divorce or separate, one of the most critical elements of their legal agreement is the parenting plan. This plan lays out the details of how parents will share custody, decision-making authority, and the overall responsibility for raising their children post-divorce. However, as life circumstances change, a parenting plan that once worked well may no longer be suitable for the family’s needs. In such cases, parents may wish to modify the plan. Fortunately, New Hampshire law allows for modifications to parenting plans, but it involves a legal process to ensure that any changes are in the best interest of the child.
What is RSA 461-A:11?
RSA 461-A:11 is the New Hampshire statute that governs the modification of parenting plans and custody orders. Under this law, a parent can petition the court to modify a parenting plan after it has been finalized. However, the law also sets clear criteria that must be met before a court will grant such a modification. The primary focus of RSA 461-A:11 is always the best interests of the child. The law ensures that any change to an existing parenting plan is made for the right reasons and in a manner that serves the child’s overall well-being.
Grounds for Modifying a Parenting Plan
While parents may wish to modify a parenting plan for many reasons, the court does not simply approve changes because one parent asks for them. Instead, the parent requesting the modification must demonstrate that there has been a substantial change in circumstances since the original parenting plan was established. The court considers this standard in its evaluation of the case.
Some common reasons that might justify a modification include:
1. Changes in a Parent’s Living Situation
If a parent moves to a new home or relocates to a different area, especially if the move affects the child’s ability to spend time with the other parent, it may be grounds for modification. For instance, a move may make travel time or logistical issues harder to manage under the current plan.
2. Changes in the Child’s Needs
As children grow, their needs change. A child’s educational needs, emotional development, or extracurricular activities may evolve, requiring adjustments in the parenting plan. Additionally, children’s preferences are often taken into account once they reach a certain age (usually around 14 years old in New Hampshire), though this depends on the specifics of the case.
3. Parental Health or Ability to Parent
If one parent faces health challenges that affect their ability to care for the child or fulfill their responsibilities under the parenting plan, it could justify a modification. This might include physical health issues, mental health concerns, or substance abuse problems that interfere with the parent’s ability to provide appropriate care for the child.
4. Parental Misconduct
If a parent engages in behavior that is harmful to the child, such as neglect, abuse, or substance abuse, it may warrant a modification of the parenting plan. In these cases, the court may seek to limit or modify that parent’s parenting time to protect the child’s safety and well-being.
5. Change in a Parent’s Work Schedule
A significant change in a parent’s work hours or work-related travel may affect the feasibility of the existing plan. For instance, if a parent takes on a new job with long hours or frequent travel, they might not be able to fulfill their visitation schedule. A modification could help create a more workable plan based on the new circumstances.
6. Increased Parental Cooperation or Conflict
If parents who were previously in conflict have learned to cooperate better or, conversely, if conflict between the parents has escalated, a modification may be necessary. For example, if one parent has become more involved in decision-making and day-to-day child-rearing, the plan might need adjustment to reflect this increased involvement.
7. The Child’s Preference
Although the child’s preference is not a deciding factor on its own, a child’s preference can be a relevant consideration. In New Hampshire, a child over the age of 14 may have more input in custody and visitation decisions. If a child expresses a clear preference about which parent they want to live with or how they wish to spend time with each parent, the court may consider that preference, especially if the change is in the child’s best interest.
The Process of Modifying a Parenting Plan in New Hampshire
Modifying a parenting plan is not a simple matter of reaching an agreement between parents. Instead, the process requires legal intervention. Here’s a step-by-step guide to modifying a parenting plan under RSA 461-A:11:
1. Filing a Motion to Modify
The parent seeking the modification must file a motion to modify the parenting plan with the court. This motion must outline the substantial change in circumstances that justifies the modification and explain why the requested changes are in the child’s best interests. The motion should include supporting documentation, such as medical records, affidavits, or other evidence that illustrates the change in circumstances.
2. Providing Notice to the Other Parent
Once the motion is filed, the other parent must be served with notice of the motion. This gives the other parent an opportunity to respond to the request and present their own evidence or arguments. If both parents agree on the proposed changes, the process may be simpler and quicker, but if there is a disagreement, a hearing may be necessary.
3. Court Hearing
If the parents cannot agree, the court will schedule a hearing. At the hearing, both parents will have the opportunity to present evidence and testify about the proposed modification. The judge will then evaluate whether the requested changes are in the child’s best interests, based on the factors outlined earlier.
4. Court Decision
After considering all the evidence, the judge will make a determination. If the judge finds that the requested modification is warranted, they will issue a new parenting plan. The modification could involve changes to custody, visitation schedules, decision-making authority, or other aspects of the original plan.
5. Finalizing the Modification
Once the judge makes a ruling, the modified parenting plan will become enforceable. If either parent does not adhere to the new plan, the other parent can take legal action to enforce the order.
Best Interests of the Child
It’s important to note that the best interests of the child is always the guiding principle in any decision regarding parenting plans. The court will consider a variety of factors to ensure the child’s well-being is the top priority. This includes the child’s physical, emotional, and psychological health, their relationship with each parent, and the stability of each parent’s home environment.
Conclusion
Modifying a parenting plan in New Hampshire under RSA 461-A:11 is a legal process designed to ensure that changes to custody and visitation arrangements are made with the child’s best interests in mind. Whether due to changes in parental circumstances, the child’s evolving needs, or other factors, parents have the right to seek a modification if the original plan no longer serves the family well. If you’re considering modifying a parenting plan, it’s important to consult with a family law attorney to guide you through the legal process and ensure that the changes are in line with New Hampshire law. Ultimately, the goal is to create a plan that best supports the child’s needs while fostering a healthy relationship with both parents.
TO SPEAK WITH AN EXPERIENCED NEW HAMPSHIRE ATTORNEY AT FAMILY LEGAL SERVICES, P.C., PLEASE CALL (603) 225-1114
Jeffrey A. Runge, Esquire
Family Legal Services, P.C.
141 Airport Road
Concord, NH 03301
(603) 225-1135
Comments