NH · STATE RESEARCH

New Hampshire custody &
parenting time.

New Hampshire law encourages roughly equal parenting time when that is good for your child, and a judge who orders something else has to explain why. New Hampshire does not use the word custody; every case ends with a parenting plan.

IN PLAIN ENGLISH

How custody works in New Hampshire

New Hampshire courts decide parental rights and responsibilities, not custody. [NH-P1] Instead of naming a primary parent, every parenting plan must include a detailed schedule of when your child is with each parent, and the law says the plan should not label either parent as having "custody" or as the "primary residential parent." [NH-P2]

Since January 1, 2025, it has been state policy to encourage approximately equal parenting time with both parents if that is in your child's best interest, unless it is shown that it is not. [NH-P3] If the judge decides roughly equal time is not best for your child, the judge must write down the reasons. [NH-P4] Separately, the law presumes that joint decision-making (both parents sharing the big decisions) is best, and a judge who refuses it when the parents agree or a parent asks for it must explain why; abuse changes that. [NH-P5] None of these rules sets particular days of the week. [NH-P2, NH-P6]

There is no statewide standard schedule. [NH-P6] Parents are expected to write their own parenting plan, and if they cannot, the court makes one. [NH-P2, NH-P3] The state court's Parenting Plan form walks you through the weekly schedule, holidays, vacations, exchanges and decision-making. [NH-P6] Parents in a divorce or parenting case must take a four-hour Child Impact Program, and mediation is available to help settle the plan. [NH-P7, NH-P8, NH-P9]

Words you’ll see in your papers

Parental rights and responsibilities
All the rights and duties parents have about their child. It is New Hampshire's replacement for the word custody. [NH-P1]
Decision-making responsibility
Who makes decisions for your child, on all issues or on specific ones like school or health care. It can be joint or given to one parent. [NH-P1, NH-P5]
Residential responsibility
A parent's responsibility to provide a home for the child, meaning the time your child lives with that parent. [NH-P1]
Parenting schedule
The days of the week and hours of the day when each parent has your child, agreed by the parents or ordered by the court. [NH-P1]
Parenting petition
The paperwork that starts a case about your child when you are not getting divorced, including when the parents were never married. [NH-P8, NH-P10]

COMMON QUESTIONS

What parents in New Hampshire ask first

Does New Hampshire start from 50/50?

It comes close. [NH-P3, NH-P4] The law encourages approximately equal parenting time when it is in your child's best interest, and a judge who orders something else must explain why in writing. [NH-P3, NH-P4] It is not a guarantee of an exact 50/50 split, and the actual days are set in your own parenting plan. [NH-P2, NH-P6]

What does the judge look at?

Your child's best interests. [NH-P4] The law lists your child's relationship with each parent; each parent's ability to provide love, guidance, food, clothing, shelter, medical care and a safe home; your child's developmental needs; how your child is doing at school and in the community; whether each parent supports the child's relationship and contact with the other parent; how well the parents communicate and make decisions together; any abuse and its effect on the child; a parent's incarceration; and the state's equal-time policy. [NH-P4] The judge cannot favor a parent because of the child's sex, a parent's sex or a parent's money. [NH-P4]

Does my child get to choose?

No age gives your child the final say. [NH-P4] If the judge finds by clear and convincing evidence (a high level of proof) that your child is mature enough to make a sound judgment, the judge may give your child's preference substantial weight, and also looks at whether someone influenced it. [NH-P4]

Can I move away with my child?

Once a divorce or parenting case is filed, a parent may not move a child's residence without a court order, unless the move is needed to protect the parent's or child's safety. [NH-P11] This applies to a home where the child lives at least 150 days a year, but not to a move closer to the other parent or within the child's current school district. [NH-P11] You must give the other parent reasonable notice first, and 60 days is presumed reasonable. [NH-P11] The parent who wants to move must show a legitimate reason and that the new place is reasonable for that reason; then the other parent must show the move is not in the child's best interest. [NH-P11]

Can the order be changed later?

Yes, but the law lists when. [NH-P12] Examples include: both parents agree; a parent keeps interfering with the other parent's time; your child's current home is harming your child; parents with roughly equal time find the plan is not working; a mature child's preference; a small change to the time; a parent moving closer or farther away; a big change in a work schedule the plan was built around; or, at least 5 years after the last order, a schedule that was based on the child's young age. [NH-P12] The parent asking for the change has to prove it. [NH-P12]

We were never married. What happens first?

Unmarried parents file a parenting petition with the Family Division of the Circuit Court; if you both agree to start the case, you can file a joint petition and avoid the cost of formal service. [NH-P8, NH-P10] Legal fatherhood (paternity) may need to be established first or during the case. [NH-P10] After filing, you go to a First Appearance, where a judge or master explains the process, the Child Impact Program, parenting plans and mediation. [NH-P8]

What if I am not safe?

A domestic violence protective order can give you temporary custody of your children and set visitation with safety conditions, including supervised visits or no visits. [NH-P13] The court cannot order mediation in domestic violence cases under that law. [NH-P13] In a parenting case, abuse is a best-interest factor and evidence against joint decision-making; if the judge still orders joint decision-making despite abuse, the judge must explain why in writing. [NH-P4, NH-P5] A parent who acts lawfully and in good faith to protect a child from suspected abuse by the other parent cannot lose parenting time just for doing so. [NH-P4]

Free, official places to start

THE DETAILED GUIDE · WHAT KIND OF SCHEDULE THE LAW PROVIDES

No fixed statewide schedule identified

Research overview

No fixed statewide possession calendar identified in the reviewed sources. There is a current approximately-equal-time policy and findings requirement, plus a separate joint decision-making presumption; none selects weekdays or holidays. [NH1a][NH4]

Legal force and applicability

Case-specific calendar; no fixed statewide calendar identified in reviewed sources. Any custody/allocation presumption is separate.

Authority and geographic scope

Statewide law; case-specific court order controls

Custody and parenting-time presumptions

RSA 461-A:2 encourages approximately equal parenting time when in the child’s best interests. RSA 461-A:6(I-a) requires findings when the court concludes approximate equality is not best. RSA 461-A:5 separately creates a joint decision-making presumption upon agreement or either parent’s application, subject to its abuse provisions and judicial discretion. These rules do not select a weekly or holiday calendar. [NH1a][NH4]

Schedule & conditions

Read these topics together with your actual order. A model, form, or presumption does not automatically supply an enforceable calendar.

Regular school-year schedule

NHJB-2064-F leaves routine residence periods for parties/court to specify. Statutory approximate equality does not dictate alternating weeks, 2-2-3, exchange day or start time. [NH1a][NH3]

Holidays and school breaks

Form offers no special holiday schedule, agreement as needed, or individualized checked holidays/birthdays with written terms. Its Thanksgiving example illustrates drafting; it is not a statewide default. [NH3]

Summer and vacation time

School and summer vacation choices are customizable; no fixed mandatory summer allotment found. [NH3]

Age and development

Developmental needs are factors. A sufficiently mature child’s preference can receive substantial weight on the statutory clear-and-convincing maturity finding. No fixed statewide infant or age 14 schedule identified in the reviewed sources. [NH1a]

Distance, travel, and relocation

No mileage-triggered schedule is prescribed in the reviewed chapter/form. RSA 461-A:12 applies after filing to relocation of a residence where the child lives at least 150 days a year; it does not apply to a move closer to the other parent or within the current school district. Where it applies, a court order is generally required, subject to the safety exception; 60 days’ notice is presumptively reasonable, with statutory shorter-notice/party-agreement qualifications. Relocation can prompt a case-specific schedule change. [NH1a][NH3]

Safety & exceptions

Abuse/harm, child’s safety and other best-interest factors affect residence and contact. Statute permits prohibiting contact after specified sexual-assault/abuse findings and protects lawful good-faith child-protection actions. [NH1a] Effective September 13 2026, RSA 461-A:6(I-b) bars treating a parent's specified conduct raising a child consistent with biological sex, including the listed terminology and medical/mental-health decisions, as an adverse best-interest factor; the provision preserves consideration of other legally relevant factors. This describes the posted statute, without a constitutional-validity or later-case-law opinion. [NH1a]

FOLLOW THE AUTHORITY

Official sources

The statutes, rules, forms and court pages this guide draws on. Read the current version at the source; laws change.

  1. NH1

    RSA 461-A:2 Statement of Purpose

    New Hampshire General Court · statute

  2. NH2

    RSA 461-A:6 Best Interest

    New Hampshire General Court · statute

  3. NH3

    Parenting Plan NHJB-2064-F

    New Hampshire Judicial Branch · official_form

  4. NH4

    RSA461-A:5 decision-making responsibility

    New Hampshire General Court · statute

  5. NH1a
  6. NH5

    2026 New Hampshire chapter 326

    New Hampshire General Court · session_law

Sources for the plain-English guide

Official statutes, courts and nonprofit self-help sites only.

  1. NH-P1

    RSA 461-A:1, Definitions

    New Hampshire General Court

  2. NH-P2
  3. NH-P3
  4. NH-P4
  5. NH-P5
  6. NH-P6

    Parenting Plan, NHJB-2064-F

    New Hampshire Judicial Branch

  7. NH-P7

    Child Impact Program

    New Hampshire Judicial Branch

  8. NH-P8

    How to File a Parenting Petition

    New Hampshire Judicial Branch

  9. NH-P9

    Divorce/Parenting Mediation and NCE

    New Hampshire Judicial Branch

  10. NH-P10

    New Hampshire Custody

    WomensLaw.org (National Network to End Domestic Violence)

  11. NH-P11
  12. NH-P12
  13. NH-P13