Child Custody after Death of Custodial Parent in New Hampshire

In the state of New Hampshire, if the custodial parent dies, in this case, the mother, then the father will not automatically get custody of the child. Instead, the court will determine custody of the child or children based on the best interests of the child or children.

In general, if the father is deemed fit and it is in the child’s best interest, then he may be granted custody. However, if he is not considered fit, then the court may place the child with another family member or in foster care. Further, the father will also have to have already established paternity.

In New Hampshire, a father can gain child custody after death of custodial parent by taking the following steps:

• Establish Paternity: If the father was not married to the mother at the time the child was born, then he needs to first establish paternity
  • This can be done by signing an Affidavit of Paternity form, which can be obtained from the New Hampshire Department of Health and Human Services (“DHHS”)
• File for Custody: The father must then file a petition for custody in the family court, which outlines his relationship with the child and his ability to provide a stable environment
• Provide Evidence: The father should then provide evidence that supports his petition, such as proof of his involvement in the child’s life, financial stability, and a suitable living arrangement for the child
• Attend Court Hearings: The father will then need to attend court hearings where the judge will consider the best interests of the child
  • Once again, the judge will evaluate the case based on the child’s best interest standard factors, such as the father’s relationship with the child, the child’s needs, and any other relevant circumstances
• Follow Court Orders: If the court decides to grant custody to the father, the father must follow that court order and provide a safe and nurturing environment for the child

How Courts Make Custody Decisions

Historically, child custody laws for unmarried parents were not favorable for fathers who sought sole and primary custody of their children. However, both New Hampshire and federal laws are now much more unbiased regarding a father seeking sole legal or physical custody of their child. This is especially true in cases where the child’s other parent has passed away.

As mentioned above, child custody decisions in New Hampshire will always be based on the child’s best interest standard. Once again, that is a legal standard that prioritizes a child’s welfare over the wants and desires of the child’s parents.

This means that in New Hampshire, what is considered to be best for the child will always be placed over the wants and needs of the parents involved. Specifically, in New Hampshire, the best interest of the child standard is outlined in New Hampshire Revised Statutes Section 461-A:6

When the court utilizes that standard, they will weigh the following factors:

• Parental Responsibility: The father’s ability to provide care, affection, and guidance
• Child’s Needs: The developmental and emotional needs of the child and the father’s ability to meet those needs.
• Relationship with Relatives: The relationship and interaction the child has with their father
• Stability: The stability of the child’s current living situation and the benefit of maintaining continuity
• Parental Cooperation: The father’s willingness and ability to foster a positive relationship between the child and their other relatives
• Health of Parents: The mental and physical health of the father, as well as their capacity to care for the child
• History of Abuse or Neglect: Any evidence or history of abuse or neglect by the father may result in them not obtaining custody
• Child’s Preference: Depending on the child’s age and maturity, their preference may be considered
• Other Relevant Factors: Any other factors the court finds pertinent to the child’s well-being and best interests

All of the above factors help a court to ensure that the child’s well-being is the top priority in custody decisions. However, in the case where the child’s custodial parent has passed away, the other parent will generally gain custody of their child.

What Types of Support Should Children Receive?

In New Hampshire, children should receive various types of support from their parent in order to ensure their well-being and development, including:

• Emotional Support: Providing a loving and nurturing environment where children feel valued and understood, including being present, actively listening, and offering encouragement
• Educational Support: Ensuring their child has access to quality education and resources. This includes helping with homework, encouraging learning, and supporting extracurricular activities
• Healthcare Support: Ensuring their child receives regular medical check-ups, vaccinations, and access to mental health services, if needed
• Nutritional Support: Providing a balanced diet that meets the nutritional needs of their child
• Social Support: Encouraging their child’s socialization with peers through playgroups, sports teams, and community activities
• Financial Support: Ensuring their child’s financial stability to provide for basic needs such as housing, clothing, and educational materials
• Safety and Security: Creating a safe living environment free from abuse, neglect, and exposure to violence or harmful situations
• Parental Involvement: Being actively involved in their child’s life and activities

All of the above supports are aimed at helping children thrive in a safe, stable, and nurturing environment. Further, they are designed to provide a comprehensive foundation for a child’s development and growth.

Why Is It Important To Appoint a Testamentary Guardian of Your Children in Your Will?

There are many reasons why it is important to appoint a testamentary guardian of your children in your will. In fact, doing so:

• Ensuring Continuity: Provides a clear plan for who will care for your children if both parents pass away, ensuring stability in their lives
• Avoiding Court Decisions: Prevents the court from making decisions about your child’s care that may not align with your wishes
• Choosing the Right Person: Allows you to select someone you trust who shares your values and parenting style
• Reducing Family Conflict: Helps prevent disputes among family members regarding who should care for your child
• Legal Clarity: Expedites the process of appointing a guardian, reducing stress during an already difficult time

When Should You Consider Choosing a Guardian?

In short, immediately. It is highly recommended to consider choosing a guardian for your child in New Hampshire as soon as possible, ideally when your child is born. Choosing a guardian will ensure that if something unexpected happens to you, you have already thought through who would be the best person to care for your child.

Additionally, it is also a good idea to periodically review and update your guardianship choice to ensure that it still aligns with your wishes. A local attorney in New Hampshire will be able to help guide you through New Hampshire’s rules regarding choosing a guardian.

When Do I Need to Contact a Lawyer?

If you have a child and are wishing to plan for your child’s future care, or if your child’s other parent has passed away, then it is recommended that you consult with an experienced New Hampshire child custody lawyer immediately. Consulting with an attorney familiar in child custody and estate planning will ensure your child’s continued care and support.

LegalMatch can assist you in setting up a legal consultation with an experienced custody attorney in your area. A lawyer who handles custody cases will be able to help you understand New Hampshire’s specific custody laws when it comes to the death of a custodial parent.

An attorney will also be able to help create a well thought out estate plan, which includes plans for unforeseen circumstances, such as your illness, incapacity, or death. Finally, a custody lawyer will also be able to help you execute any necessary legal documents and represent you in court, should you need representation in the case of the death of a custodial parent.