Can my 17 yr old child decide where she wants to live?

In New Hampshire, there is a point where the Court will allow the child to have input and/or to choose in whose home she or he wants to live. It isn’t a certain age or grade in school, but rather it is at the point where the Court feels that the child is mature enough to have a say in this very important decision. So long as the child is not guided in his/her decision by pressure by anyone or by undue influence, and the Court finds him/her mature, the Court will strongly consider the child’s thoughts in making the decision. RSA 461-A:11(e) states “If the Court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor as to the parent with whom he or she wants to live. Under these circumstances, the Court shall also give due consideration to other factors which may have affected the minor child’s preference, including whether the minor child’s preference was based on undesirable or improper influence.” In plain language, if the child seems to be one whom is mature enough to understand the situation and articulate his/her position, the Court is willing to consider his/her input. To do so, the Court would need to find that this is the case through a Guardian Ad Litem that has interviewed all parties, the child and whomever else is deemed necessary to investigate the matter. The child will speak to the Court through the Guardian and not be expected to meet with the Judge or testify (the idea being that the child is not put in more of a “position” than necessary when giving input). It's always best to check with an attorney about your specific situation. Consult someone to discuss your case in detail.

You should file a motion to modify the parenting plan right away. The Court will strongly consider the desires of the 17 year old child. But she needs to have her rights and well being protected. Do not waste time. Call counsel asap.