CasewellThe law in plain words
RSA 461-A:2, I(a): "Encourage approximately equal parenting time between each child and both parents if it is in the best interest of the child."
That is New Hampshire's stated policy. The statute tells courts to encourage roughly equal time when it serves the child. It does not create an equal-time presumption.
Wondering who usually ends up with custody? Our page on the chances of getting full custody in New Hampshire explains what the figures can and cannot show.
Parental rights and responsibilities: what New Hampshire calls custody
New Hampshire stopped using the word "custody" in 2005. Older laws that still say "custody" now mean the split of parental rights and responsibilities.
- Decision-making responsibility: the power to make choices for the child, such as school and health care. It can cover all issues or only some.
- Residential responsibility: a parent's duty to give the child a home during their time.
- Parenting plan: the written plan setting out each parent's rights, duties and schedule.
- Parenting schedule: the days and hours each parent has the child.
People often search for "primary custody," but a New Hampshire plan cannot use that label. Under RSA 461-A:4, no parent can be called the "primary residential parent." The plan lists each parent's time instead.
For other laws, a parent with at least half the residential time counts as the custodial parent.
Is New Hampshire a 50/50 state?
Not by presumption, but state policy leans that way.
- Equal time is encouraged: since January 1, 2025, state policy favors approximately equal parenting time when it serves the child.
- Findings are required: if the judge decides near-equal time is not in the child's best interest, the order must explain why.
- Joint decisions are presumed: under RSA 461-A:5, shared decision-making is presumed best. A judge who refuses it must give reasons.
So equal time is a goal the law encourages, not a presumption or a guarantee. Distance, work hours, a very young child or safety can all lead to a different schedule.
The law does not set a percentage. Some websites claim a 40% minimum, but that figure is not in the statute.
The best-interest factors
Under RSA 461-A:6, the judge must be guided by the child's best interests and consider:
- the child's relationship with each parent, and each parent's ability to give love and guidance
- each parent's ability to provide food, clothing, shelter, medical care and a safe home
- the child's developmental needs, now and later, and each parent's ability to meet them
- how well the child has settled at school and in the community, and the effect of a change
- each parent's willingness to encourage frequent contact with the other parent
- each parent's support for the child's contact with the other parent, shown by allowing it
- each parent's support for the child's relationship with the other parent
- the child's relationship with anyone else who may strongly affect them
- whether the parents can talk, cooperate and make joint decisions
- any evidence of abuse, and its effect on the child
- if a parent is in prison, the reason, the length and any special issues
- the state's policy favoring both parents' involvement
- any other factor the judge finds relevant
Several factors ask whether contact could harm the child or a parent. Supporting contact never means ignoring a real safety risk.
Your child's preference
New Hampshire sets no age at which a child chooses.
- Maturity first: the judge must find, by clear and convincing evidence, that the child is mature enough to make a sound judgment.
- Substantial weight: if so, the judge may give the child's preference substantial weight.
- Influence: the judge also looks at whether the preference came from pressure or improper influence.
- Guardian ad litem: the court may appoint a guardian ad litem, an independent investigator for the child. That person gathers facts and reports to the court.
A mature child's preference can also support a later change to the plan.
Mothers' and fathers' rights
Neither parent starts ahead. The judge cannot prefer one parent because of the child's sex, the parent's sex or either parent's income.
Married or not, both parents can ask for decision-making responsibility and parenting time. A father's case rests on the same factors as a mother's: the child's needs, the bond and each home.
A 2026 law adds one more rule. A judge may not treat raising a child consistent with the child's biological sex as a factor against that parent.
If you were never married
New Hampshire's parenting statutes do not give either unmarried parent a default schedule. Either parent can file a parenting petition to set enforceable rights and a schedule.
- Affidavit of paternity: parents can sign this sworn, notarized form at the hospital or later with the town or city clerk.
- Its effect: once filed, it legally establishes who the father is without going to court.
- Changing your mind: a signer can ask the clerk to cancel it within 60 days. A court or agency case about the child can shorten that window.
- Court route: the mother, the possible father, the child or the state can ask a court to decide paternity.
Paternity alone does not create a parenting schedule. The Family Division sets rights and time through a parenting petition, using the same rules as a divorce.
Domestic violence
Abuse changes how a New Hampshire judge builds the plan.
- Joint decisions: if the court finds abuse, it must treat that abuse as harmful to children. Joint decision-making then needs written findings to support it.
- Protection: the court must make orders that best protect the children, the abused parent, or both.
- Mediation: the court cannot order mediation after a finding of domestic violence, unless all parties agree.
- Supervised time: the court can require visits at a center with a metal detector and trained security staff.
- Good-faith reports: a parent who lawfully acts on a good-faith belief of abuse cannot lose parenting time for those reasonable steps.
The parenting class also runs separate sessions for parents when there is domestic violence.
Protective orders
Domestic violence protective orders come from RSA chapter 173-B. Filing is free, and so is service by the police or sheriff.
- Who can file: includes current and former spouses, partners and people who lived together.
- Emergency order: a judge can act without notice when there is an immediate and present danger of abuse.
- After hours: a judge can issue an order by phone through the police. It lasts until the end of the next court business day.
- Children: temporary orders can award custody and limit or deny visits.
- Hearing: the court must hold one within 30 days of filing, or 10 days after service, if later.
- How long: a final order lasts up to one year. It can then be extended for one year, then up to five years each time.
A protective order does not override an existing parenting order from the Family Division. Ask the court handling that case to change it.
Emergency and temporary orders
Once a parenting or divorce petition is filed, a judge can issue temporary orders. These can set temporary parenting time, decision-making and child support.
- Without notice: an emergency order needs a sworn statement of specific facts. It must show immediate and irreparable harm to you or the child before the other side can be heard.
- Notice attempts: you must also file a sworn statement about how you tried to notify the other parent.
- Fast hearing: the other parent can ask for a hearing. It must be held within five days of the request.
- Usual timing: most temporary hearings happen after the First Appearance and mediation.
If the child is in New Hampshire and in danger, a New Hampshire court can also act on an emergency basis.
Moving with your child
New Hampshire has a detailed relocation law, RSA 461-A:12. It applies once a divorce or parenting case is filed.
- Which moves count: it covers a home where the child lives at least 150 days a year.
- Exceptions: it does not apply to a move closer to the other parent, or within the child's school district.
- Court order needed: a parent cannot relocate the child without one, unless the move is needed for safety.
- Notice: 60 days' notice to the other parent is presumed reasonable.
- Hearing: either parent can ask for one, generally within 30 days.
The test has two steps:
- The moving parent shows the move has a legitimate purpose and the new place is reasonable for it.
- The other parent must then show the move is not in the child's best interest.
If the move goes ahead, the court can adjust the schedule. A temporary move approval should not be given undue weight at the final hearing.
Moving to a neighboring state? Its custody rules may differ. Read our guides for Maine and Massachusetts.
If one parent lives out of state
New Hampshire follows the Uniform Child Custody Jurisdiction and Enforcement Act, in RSA chapter 458-A.
- Home state: a first case usually belongs in the child's home state. That is where the child lived with a parent for six months in a row before filing.
- Keeping the case: a New Hampshire court that made the order keeps control over changes. That lasts while the child or a parent still has strong ties here.
- Emergencies: a court where the child is present can act temporarily to protect a child from abuse.
A parent who moves away does not take the case with them. Changes usually go back to the court that made the order.
Changing custody
To change a plan, file a Petition to Change Court Order. The parent asking carries the burden of proof. Under RSA 461-A:11, a court can change the schedule when:
- Both parents agree to the change
- One parent keeps interfering with the other's time, repeatedly, intentionally and without good reason
- The current home harms the child, shown by clear and convincing evidence, and the benefit outweighs the harm of moving
- A near-equal plan is not working, and the change serves the child
- A mature child prefers a change, and the court finds the child can make a sound judgment
- The change is small, and serves the child
- Distance, a work schedule or the child's age has changed in ways the law spells out
Other parts of a plan can be changed on the child's best interests alone.
If a parent blocks court-ordered time, a family access motion can enforce the plan. Remedies include make-up time, fines up to $500, counseling and legal fees.
Parenting plans, classes and mediation
Every parenting case needs a plan. If parents cannot agree, the court writes one.
- What a plan covers: decisions, the schedule, holidays, school residence, transportation, exchanges, moves and settling disputes.
- Reunification programs: since July 1, 2024, a court cannot order programs requiring a no-contact order, an out-of-state stay or a custody transfer.
- Child Impact Seminar: both parents must attend a four-hour class on helping children through separation. It must be done within 45 days of service.
- Waivers: the class can be waived if a parent is in prison, already attended, or shows good cause, such as domestic violence.
- Mediation: the court can order it in disputed cases. Abuse claims, drug or alcohol problems and hardship are reasons not to.
The mediator cannot decide anything for you. What is said in mediation stays private and generally cannot be used in court.
How to file for custody in New Hampshire
Cases are heard in the Family Division of the Circuit Court. New Hampshire must usually be the child's home state first.
- Pick the petition. Married parents ask in a divorce. Unmarried parents file a Parenting Petition (NHJB-2061-F), or a Joint Parenting Petition (NHJB-2390-F) together.
- Add a Personal Data Sheet (NHJB-2077-F).
- Notify the other parent. They can collect the papers at court, or you can use certified mail or the sheriff. A joint petition skips this cost.
- Gather financial papers required by Family Division Rule 1.25-A.
- Go to the First Appearance, where a judge explains the process, the seminar and mediation.
- Finish with the seminar certificate, financial affidavits, the Decree on Parenting Petition and a child support worksheet.
The Judicial Branch's parenting petition page links each form. Divorce has its own residency rules, such as one spouse living in New Hampshire for a year.
How much does it cost to file for custody in New Hampshire?
Fees come from the Circuit Court filing fee schedule, dated July 1, 2025.
| Filing | Fee |
|---|---|
| Parenting petition, or divorce with children | $282 |
| Petition to change order, full agreement | $135 |
| Petition to change order or contempt, no agreement | $225 |
| Family access motion | $225 |
| Domestic violence petition | Free |
| Court mediation, first four hours | $450 per case, often $225 each |
The Child Impact Seminar has its own provider fee. It is reduced or free for people on need-based assistance.
These are the listed fees, last checked October 28, 2026. Confirm them with the clerk before filing. If you cannot afford a fee, you can ask the court to lower or waive it.
What changed recently
- January 1, 2027: a parenting plan may include an agreement on sharing the child's images on social media. Chapter 87 was signed May 28, 2026.
- September 13, 2026: judges may not count raising a child consistent with biological sex against a parent. This came from chapter 326 of 2026.
- January 1, 2026: military protective orders became admissible in domestic violence cases.
- 2025: a fee schedule dated July 1, 2025 set $282 for a divorce with children or a parenting petition. Contested changes and family access motions dropped from $250 to $225.
- January 1, 2025: approximately equal parenting time replaced "frequent and continuing contact" as state policy.
- January 1, 2025: the family access motion began, with a decision due within 60 days of service.
- July 1, 2024: courts can no longer order reunification programs that require no-contact orders, out-of-state stays or custody transfers.
Last checked October 28, 2026. Laws can change, so check before you rely on this.
Building the record
New Hampshire judges ask whether each parent supports the child's contact with the other. They also ask whether a near-equal plan is working. Both questions turn on dates and messages.
Note each exchange, call and school task as it happens. Casewell keeps those notes and the messages behind them together, so a lawyer can read a clear timeline.
Before you record a call or a handover, check whether you can record your co-parent in New Hampshire.
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Is New Hampshire a 50/50 custody state?
Not by presumption. Since January 1, 2025, state policy encourages approximately equal parenting time when it serves the child. A judge who orders less must explain why in findings.
How is custody determined in New Hampshire?
The judge weighs the best-interest factors in RSA 461-A:6. They include each parent's bond with the child, the child's needs and safety, and each parent's support for the other's relationship.
Can you get primary custody in New Hampshire?
Not under that name. A New Hampshire parenting plan cannot call either parent the primary residential parent. It lists each parent's time instead, and that time can be unequal.
Who has custody of a child if the parents were never married in New Hampshire?
New Hampshire's parenting statutes give neither unmarried parent a default schedule. Either parent can file a parenting petition in the Family Division to set rights and a schedule.
At what age can a child choose which parent to live with in New Hampshire?
There is no set age. If the judge finds by clear and convincing evidence that the child is mature enough, the child's preference can get substantial weight.
Can I move out of New Hampshire with my child?
Once a case is filed, you need a court order to relocate the child, unless the move is needed for safety. You must show a legitimate purpose and a reasonable new location.
Sources
This page summarizes New Hampshire's RSA chapters 461-A, 173-B, 168-A and 458-A, 2024 to 2026 session laws and Judicial Branch guidance, as of October 2026. It explains the law in general terms and is not legal advice.
- RSA 461-A:2 — statement of purpose (approximately equal parenting time) checked
- RSA 461-A:5 — decision-making responsibility checked
- RSA 461-A:6 — best-interest factors checked
- RSA 461-A:12 — relocation of a child's residence checked
- RSA 173-B:5 — domestic violence protective orders checked
- RSA 168-A:2 — establishing paternity checked
- RSA 458-A:12 — initial child-custody jurisdiction checked
- New Hampshire Judicial Branch — how to file a parenting petition checked
- New Hampshire Judicial Branch — divorce and parenting mediation checked
- New Hampshire Judicial Branch — Circuit Court filing fees (July 1, 2025) checked