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Child Custody Preference Age in New Hampshire

New Hampshire names no age; if the court finds by clear and convincing evidence that a child is mature enough to make a sound judgment, it may give the child's preference substantial weight.

Last checked . General information, not legal advice.

New Hampshire at a glance

Age named in statute
No age named
The statute does not set an age; the court looks at the child's age and maturity.
How the preference is weighed
Substantial weight if mature
Maturity must be shown by clear and convincing evidence; the court also considers whether the preference reflects improper influence.
Preference can be decisive
No, substantial weight but not binding

Sources

Last checked

The rules in New Hampshire

At what age does a child's custody preference count in New Hampshire?

Age named in statute in New Hampshire: No age named. The statute does not set an age; the court looks at the child's age and maturity.

How do courts in New Hampshire weigh a child's custody preference?

How the preference is weighed in New Hampshire: Substantial weight if mature. Maturity must be shown by clear and convincing evidence; the court also considers whether the preference reflects improper influence.

Can a child's preference decide custody in New Hampshire?

No, substantial weight but not binding. Preference can be decisive in New Hampshire: no, substantial weight but not binding.

Where do the New Hampshire child custody preference laws come from?

The rules above come from N.H. Rev. Stat. Ann. 461-A:6, II. Each source is linked on this page. We last checked them in October 2026.

Good to know

RSA 461-A:6 was amended in 2024 (effective January 1, 2025) and 2026 (effective September 13, 2026); paragraph II on a mature child's preference was not changed.

What this means in practice

A child's preference is rarely the only thing a court looks at. Judges also weigh each parent's ability to care for the child, the child's ties to home, school and community, and any history of abuse or conflict. A clear preference from an older, mature child can carry real weight, but it does not replace the best interests test.

Courts often hear from children privately, for example in a judge's chambers, through a guardian ad litem, or through a custody evaluator, rather than on the witness stand. The process and who may be present depend on local court rules and the judge's discretion.

Courts look closely at whether a preference is the child's own view or the result of pressure from a parent. Coaching a child or promising rewards for choosing a side can hurt a parent's case. Parents who reach their own arrangement can record it in a parenting plan or settlement agreement for the court to review.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.