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When issuing a Parenting Plan, the divorce/family court will issue orders regarding how the parents will make decisions for the minor children given that the parents' relationship has ended. By statute, there is a presumption that joint decision making responsibility is in the child's/children's best interests. However, this presumption may be overcome if the divorce/family court finds there has been abuse between the parents or if the evidence establishes that the parents are unable to communicate effectively.
In the matter of Mannion and Mannion, The New Hampshire Supreme Court upheld the Family Court's decision to award one parent sole decision making responsibility without a finding of abuse being made, because of the parents' inability to communicate with each other and their inability to co-parent. Under this circumstance, the divorce/family court determined that awarding sole decision making responsibility to one parent was in the children's best interests as the parents' relationship was dysfunctional.
If you have any questions regarding the award of decision making responsibility, please contact an attorney at Hamblett and Kerrigan.
Kevin P. Rauseo is a director at Hamblett & Kerrigan P.A. He concentrates his practice in the areas of family and divorce law, Collaborative law, child custody and visitation, child support and alimony, personal injury, insurance defense, slip and fall accidents, automobile and truck accidents, motorcycle accidents, premises liability, dog bites and civil litigation. He is a member of the International Academy of Collaborative Professional and serves on the Professional Development Committee and has previously served on the Public Education Advisory Panel of the Academy. He also is a member of the Collaborative Law Alliance of New Hampshire. You can reach Attorney Rauseo atkrauseo@nashualaw.com.
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