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New Hampshire Custody (Parenting Plan) Agreement

A New Hampshire custody agreement is a written plan describing parents’ rights and responsibilities concerning their children in separation or divorce. New Hampshire courts encourage parents to plan an agreement with a professional mediator whenever possible.
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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:

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:

Custody Laws

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