New Hampshire requires divorcing and separating parents to file a written parenting plan New Hampshire courts will adopt into the final decree under RSA 461-A:4. The filing fee for divorce with minor children is $282, and since January 1, 2025, courts use approximately equal parenting time as the starting point under RSA 461-A:6.
New Hampshire replaced the words "custody" and "visitation" in 2005 with "parental rights and responsibilities," which split into decision-making responsibility and residential responsibility. This guide explains how to build a parenting plan that satisfies every statutory requirement, what the court reviews, the costs involved, and how to modify or appeal an order. Every section leads with a direct answer and cites the controlling New Hampshire statute so you can verify each fact against the official text at gc.nh.gov.
Key Facts: New Hampshire Parenting Plans
| Item | New Hampshire Requirement |
|---|---|
| Filing Fee | $282 (divorce with minor children/parenting matter); $25 for new orders of notice |
| Waiting Period | No statutory separation period; court schedules first orders of notice promptly |
| Residency Requirement | Both parties domiciled in NH (file immediately), or petitioner domiciled 1 year (RSA 458:5) |
| Grounds | No-fault (irreconcilable differences) or fault-based (RSA 458:7) |
| Property Division Type | Equitable distribution (RSA 458:16-a) |
| Governing Statute | Parental Rights and Responsibilities, RSA 461-A |
| Standard Applied | Best interest of the child (RSA 461-A:6) |
All figures verified as of June 2026 against the New Hampshire Judicial Branch Circuit Court fee schedule. Verify the current filing fee with your local Circuit Court Family Division clerk before filing, because court costs change periodically and a $2 parental rights surcharge is built into the $282 figure.
Is a Parenting Plan Required in New Hampshire?
A written parenting plan is mandatory in nearly every New Hampshire custody case. Under RSA 461-A:4, in any proceeding to establish or modify parenting time, parents must develop and file a parenting plan to be included in the court's decree. If parents cannot agree, the court will develop the plan for them.
This requirement applies whether the parents are divorcing or were never married. The only carved-out exception is matters filed under RSA 173-B, the domestic violence protection statute, where the protective order process controls instead. New Hampshire's Circuit Court Family Division hears all parenting cases in the county where either parent resides.
The parenting plan is not a suggestion or an optional document. Once the judge signs it, the plan becomes a binding court order, and violating it can expose a parent to contempt proceedings. New Hampshire provides a standardized form, NHJB-2064-F, that parents can complete and file, though many parents draft a more detailed custom plan with help from a mediator or attorney. The court reviews every filed plan to confirm it meets the statutory content requirements and serves the child's best interest before adopting it.
What Must a New Hampshire Parenting Plan Contain?
A New Hampshire parenting plan must address nine specific subject areas listed in RSA 461-A:4. The statute requires a detailed parenting schedule, decision-making allocation, transportation and exchange logistics, relocation procedures, a dispute-resolution method, and a process for reviewing and adjusting the plan, including the modification grounds in RSA 461-A:11.
The statute is unusually prescriptive about language. New Hampshire forbids designating either parent as the "primary residential parent," or describing the child as "residing primarily" with one parent, or labeling one parent as having "primary residential responsibility" or "custody." This neutral-language rule reflects the legislature's intent to treat both parents as functional caregivers rather than winners and losers.
The required components a complete plan must cover include:
- A detailed parenting schedule specifying when each parent has residential responsibility or non-residential parenting time
- Allocation of decision-making responsibility for education, healthcare, and religious upbringing
- The legal residence of each parent (if decision-making is shared under RSA 461-A:5), unless there is a history of abuse or stalking
- Information sharing and access to the child's records
- Transportation arrangements and exchange locations for the child
- A relocation procedure consistent with RSA 461-A:12
- A method for resolving future disputes, such as mediation
- A procedure for periodic review and adjustment of the plan
- How the parents will communicate about the child
If the parents share joint decision-making responsibility, the plan must include each parent's legal residence unless the court finds a history of domestic abuse or stalking, or that disclosure would not serve the child's best interest.
How New Hampshire Decides Parental Rights
New Hampshire courts decide parental rights and responsibilities using the best interest of the child standard codified in RSA 461-A:6. The statute lists roughly a dozen factors, including each parent's ability to nurture the child, the child's developmental needs, each parent's support for the child's relationship with the other parent, the parents' ability to cooperate, and any evidence of abuse defined in RSA 173-B.
The judge weighs no single factor as automatically controlling. Instead, the court evaluates the whole picture of each child's circumstances. Specific factors the court considers under the statute include the nature of the child's relationship with each parent, each parent's ability to provide food, shelter, medical care, and a safe environment, the quality of the child's home, school, and community, the relationship between the child and any other significant person, and whether either parent is incarcerated.
Safety overrides everything else. When the court finds evidence of abuse under RSA 173-B:1 or RSA 169-C:3, it weighs that abuse and its impact on the child and on the child's relationship with the abusing parent. The statute also directs courts to consider the state policy in RSA 461-A:2, which now favors encouraging approximately equal parenting time when consistent with the child's best interest.
The 2025 Shared Parenting Change (HB 185)
Approximately equal parenting time is now the starting point in New Hampshire as of January 1, 2025. House Bill 185, signed by Governor Sununu on July 26, 2024, amended RSA 461-A:6 to require that if a court concludes approximately equal parenting time is not in the child's best interest, the court must make written findings supporting that conclusion.
This change replaced the older "frequent and continuing contact" standard. Before HB 185, New Hampshire law expressed a general preference for keeping both parents involved without setting equal time as a presumptive baseline. The 2025 amendment shifts the default expectation: parents entering a new case should anticipate that the court starts from a roughly 50/50 parenting time schedule and works outward from there.
The reform is not absolute. The equal-time starting point gives way when abuse or neglect is alleged and substantiated, consistent with the safety protections in RSA 173-B and RSA 169-C. Family law commentators note that the enacted version was narrower than the original bill, and that statutory policy statements are not strictly binding on individual judges. Still, the practical effect is meaningful: a parent seeking substantially more than half of parenting time should expect to present evidence justifying that deviation, and the court must explain on the record why equal time would not serve the child. The amendment carries a statutory history note of 2024, 262:2, effective January 1, 2025.
Co-Parenting Schedules: Building a Parenting Time Schedule
A New Hampshire parenting time schedule must specify exactly when each parent has the child, including the regular weekly rotation, holidays, school vacations, and summer. Because RSA 461-A:4 requires a "detailed" schedule and bans "primary residential parent" labels, vague language like "reasonable parenting time" is insufficient and the court will require specifics.
With approximately equal parenting time now the 2025 starting point, many New Hampshire families build their co-parenting schedule around shared arrangements. Common formats include the week-on/week-off rotation, the 2-2-3 schedule (each parent alternates two days, then a three-day weekend), and the 2-2-5-5 schedule. A workable parenting time schedule reduces conflict because both parents know in advance exactly where the child will be.
A strong schedule also accounts for the practical realities the statute flags as modification triggers, such as travel time between homes and each parent's work schedule under RSA 461-A:11. Parents should specify exchange times and locations, who provides transportation, how the schedule handles teacher in-service days and snow days, and how holidays rotate year to year. A detailed schedule that anticipates these scenarios prevents the recurring disputes that send families back to court. The visitation schedule for the parent with less than half the time should still be concrete, naming specific overnights, pickup times, and contact methods rather than leaving arrangements open-ended.
Decision-Making Responsibility in New Hampshire
New Hampshire separates decision-making responsibility from residential responsibility, and a parenting plan must allocate both. Under RSA 461-A:5, decision-making responsibility covers major choices about the child's education, healthcare, and religious upbringing, and parents may share it jointly or allocate specific categories to one parent.
Joint decision-making is common, but it requires the parents to communicate and cooperate, which is one of the best-interest factors the court weighs under RSA 461-A:6. When parents share joint decision-making, RSA 461-A:4 requires the plan to list each parent's legal residence, unless the court finds a history of domestic abuse or stalking or determines disclosure is not in the child's best interest.
A precise plan defines how shared decisions get made and what happens during disagreements. Many New Hampshire plans specify that day-to-day decisions belong to whichever parent has the child at the time, while major decisions require both parents to confer. Plans frequently divide categories, granting one parent final say on medical matters and the other on education, or require mediation before either parent files a motion. Defining a tie-breaker mechanism in advance is essential because the court will not micromanage every routine disagreement. Under RSA 461-A:20, a parent with 50 percent or more of residential responsibility is treated as the "custodial parent" for any law that still uses that term, and a parent with less than 50 percent is the "non-custodial parent."
Filing Fees and Court Costs in New Hampshire
The filing fee for a divorce or parenting matter with minor children in New Hampshire is $282, which includes a built-in $2 parental rights fee. A separate fee of $25 applies to a request for new orders of notice, including a civil summons. These figures come directly from the New Hampshire Circuit Court filing fee schedule.
Filing costs are only part of the total expense. The table below summarizes the common costs associated with establishing a parenting plan.
| Cost Item | Typical New Hampshire Amount |
|---|---|
| Divorce/parenting filing fee (with minor children) | $282 |
| Request for new orders of notice | $25 |
| Fee waiver eligibility | Households at or below 125% of federal poverty guidelines |
| Mediation | Varies; court may order or refer |
| Guardian ad litem (if appointed) | Varies by case and provider |
New Hampshire offers a fee waiver for parents who cannot afford the filing fee. To request a waiver, you file a written or electronic request asking the court to allow you to pay less or file for free; eligibility generally extends to households at or below 125% of the federal poverty guidelines. All figures are accurate as of June 2026. Verify current amounts with your local Circuit Court Family Division clerk before filing, because court costs are subject to change. E-filing is available 24/7 through TurboCourt at turbocourt.com, and submissions typically process within one to two business days.
Residency and Where to File
New Hampshire allows a parent to file immediately when both spouses are domiciled in the state, with no minimum residency waiting period. Under RSA 458:5, if only the petitioner is domiciled in New Hampshire, the petitioner may still file without a waiting period when the other spouse can be personally served within the state.
A one-year domicile requirement applies only in the narrower situation where the petitioner is domiciled in New Hampshire but the defendant cannot be served with process within the state. In that case, the petitioner must have been domiciled in New Hampshire for at least one year before filing.
New Hampshire imposes no separation requirement before filing. Couples may file for divorce or a parenting petition while still living together in the same residence, which distinguishes New Hampshire from states that mandate months of physical separation first. You file the completed petition at the Circuit Court Family Division in the county where either spouse resides. Because the residency rules turn on domicile and service of process, a parent who recently moved to New Hampshire and whose co-parent lives out of state should confirm jurisdiction carefully, because interstate custody questions also implicate the Uniform Child Custody Jurisdiction and Enforcement Act, which determines which state has authority over the parenting determination.
How to Modify a Parenting Plan in New Hampshire
New Hampshire does not allow parenting plan modifications simply because a change would be in the child's best interest. Under RSA 461-A:11, a parent seeking to modify residential responsibility must fit one of the statute's specific enumerated grounds, and the burden of proof rests on the parent requesting the change.
The statutory grounds for modifying parental rights and responsibilities include several distinct circumstances. The court may modify a permanent order when:
- Both parties agree to the modification
- The court finds repeated, intentional, and unwarranted interference by one parent with the other's residential responsibilities
- The court finds by clear and convincing evidence that the child's present environment is detrimental, and the advantage of changing outweighs the harm of disruption
- The parents have substantially equal parenting time and the original allocation is not working
- A schedule based on the child's young age is revisited at least five years after the prior order
- A schedule based on travel time between homes no longer fits because the parents moved closer or farther apart
- A schedule based on a parent's work schedule no longer fits because that work schedule substantially changed
Importantly, the general best-interest standard does apply to modifying other sections of a permanent parenting plan, but requests to change the parenting schedule must satisfy the specific RSA 461-A:11 grounds, and requests to change decision-making responsibility are governed by RSA 461-A:5. This structure makes residential-schedule changes harder to obtain than many parents expect.
Relocation Rules That Affect Your Parenting Plan
A New Hampshire parent generally cannot relocate a child's residence without a court order or the other parent's agreement, and must provide at least 60 days' written notice before moving. Under RSA 461-A:12, 60 days' notice is presumed reasonable, and the statute applies to any residence where the child lives at least 150 days a year.
The statute carves out exceptions where its restrictions do not apply. Notice and court approval are not required when the relocation moves the child closer to the other parent or to any location within the child's current school district. A parent may also relocate without prior court order when relocation is necessary to protect the safety of the parent or child.
When relocation is contested, RSA 461-A:12 creates a two-step burden of proof. The relocating parent must first show, by a preponderance of the evidence, that the relocation is for a legitimate purpose and that the proposed location is reasonable in light of that purpose. The burden then shifts to the objecting parent to prove the move is not in the child's best interest. Either parent may request an evidentiary hearing, and the court must hold that hearing within 30 days of the request in an active case or within 30 days of service of a petition to reopen a closed case. The relocation notice should include the new address, the reasons for the move, and a proposed revised parenting plan.