RSA 169-C:19-e Custody Hearing for Parent Not Charged With Abuse or Neglect.

I. There shall be a rebuttable presumption that a parent who has not been charged with abuse or neglect is fit to perform his or her parental duties. This presumption may be challenged by the state with a full hearing in the circuit court regarding such parent's ability to obtain custody. At the hearing, the parent shall be provided the opportunity to present evidence pertaining to his or her ability to provide care for the child and shall be awarded custody unless the state demonstrates, by a preponderance of the evidence, that he or she is unfit to perform his or her parental duties. The court shall make written findings of fact supporting its decision.
I-a. The welfare of the child is the primary factor to be weighed when determining if a parent is fit to parent that child.