Child Custody Factors

New Hampshire law defines the child’s best interest as the following:^[1]

Each parent’s ability to meet the child’s specific developmental needs;
Each parent’s ability to provide clothes, education, food, housing, and healthcare for the child;
Evidence of abuse by either parent;
The child’s relationship with each parent;
The child’s relationships with other household members;
The effect changing schools or homes would have on the child;
The parents’ ability to communicate effectively with one another regarding the child; and
The parents’ ability to support each other’s relationships with the child.

How to File for Custody in New Hampshire

1. Agree on a Parenting Plan

Prior to filing for custody, both parents should attempt to reach an agreement regarding all the terms of custody. If parents are unable to submit a parenting plan together, the court may develop one on their behalf.

Under state law,^[2] a parenting plan must cover all of the following items:

Child’s legal residence for school registration
Decision-making responsibilities
Dispute resolution
Information sharing
Modification rules
Parental relocation
Parenting schedule (birthdays, holidays, vacations, weekdays, weekends, etc.)
Residential responsibilities
Transportation and exchanges of the child

2. Calculate Child Support

Use the state’s Child Support Guidelines Worksheet to calculate an estimate of how much child support may be ordered by the court.

3. File Parenting Petition with Court

First, one or both parents must initiate the custody proceeding by filing a Parenting Petition with their local family court. All of the following documents must be included in this initial filing:

Circuit Court Filing Fee
Joint Parenting Petition (if filing together) or Parenting Petition (if filing as an individual)
Personal Data Sheet

When one parent files as an individual, the defending parent has to pick the paperwork up at the court, or the petitioning parent serves them by certified mail or with the assistance of the local Sheriff.

4. Prepare Mandatory Initial Disclosures

Prepare all applicable Mandatory Initial Disclosure documentation to submit to the court at the first hearing.

5. Attend First Appearance Session

The court will respond to the Parenting Petition within 30 days^[3] of the filing date by scheduling a First Appearance Session.^[4]

During this initial hearing, the judge considers the Mandatory Initial Disclosure documents and outlines subsequent hearings’ next steps.

The judge also explains the following subjects in detail as they pertain to the specific case:

Child Impact Seminars;^[5]
Child Support;^[6]
Guardians Ad Litem;^[7]
Mediation;^[8] and
Parenting Plans.

6. Attend Child Impact Seminar

Attend the required Child Impact Seminar by whatever deadline the judge established in the First Appearance. The seminar is only complete when the parent is issued a formal Certificate of Completion to submit to the court.

7. File Additional Documentation

Submit the remaining court-required documentation as directed by the judge:

Certificate of Completion of the Child Impact Seminar;
Child Support Guidelines Worksheet;
Decree on Parenting Petition;
Financial Affidavits (both parties);
Parenting Plan; and
Uniform Support Order.

Custody Laws

Child support guidelines: § 458-C, §461-A:14
Child’s preference: § 461-A:6-II
College expenses: §§ 461-A:21-24
Emergency custody: § 458-A:15
Grandparents’ visitation: § 461-A:13
Mediation: § 461-A:7
Military parents rights act: § 458-E
Relocation of a child’s residence: § 461-A:12
Restraining Orders: § 461-A:10
Uniform Child Custody Act: § 458-A
Visitation: § 461-A:4

Related Forms

Marital Settlement Agreement

Download: PDF, MS Word, ODT

Separation Agreement