Unmarried parents in New Hampshire must establish legal paternity before either parent can assert custody rights under RSA 168-A. Once paternity is established, both parents have equal standing to seek parental rights and responsibilities. New Hampshire courts apply a best interests standard under RSA 461-A:6, and since January 2025, approximately equal parenting time (each parent having 40% or more overnight time) is the presumptive starting point for all custody determinations. The Circuit Court Family Division handles all custody matters for unmarried parents, with filing fees of $225 for parenting petitions.
| Key Fact | Detail |
|---|---|
| Filing Fee | $225 for parenting petition (as of March 2026) |
| Residency Requirement | 6 months under UCCJEA for home state jurisdiction |
| Paternity Requirement | Must be established before father can seek custody |
| Parenting Time Standard | 40%+ equal time presumption (HB 185, effective January 2025) |
| Child Support Model | Income Shares under RSA 458-C |
| Mediation | Mandatory in contested cases under RSA 461-A:7 |
| Required Program | 4-hour Child Impact Program before first court appearance |
Establishing Paternity in New Hampshire
Unmarried fathers have no automatic legal rights in New Hampshire and must establish paternity before seeking custody or parenting time. Under RSA 168-A:2, paternity can be established through two primary methods: a voluntary Affidavit of Paternity or a court-ordered genetic test. The Affidavit of Paternity, provided by the NH Department of Health and Human Services (Form DCSS s698), has the same legal effect as a court determination and does not require further judicial action under RSA 5-C:24. Approximately 65% of New Hampshire paternity establishments occur voluntarily at the hospital at the time of birth.
Voluntary Acknowledgment Process
The Affidavit of Paternity requires both the mother and biological father to sign the document, with each signature notarized separately if signed at different times. Hospitals in New Hampshire attempt to complete this form before the birth record is sent to the Division of Vital Records. If the affidavit is not completed at the hospital, parents must contact the town or city clerk where the child was born to execute the document. The affidavit must be executed before the child turns 18 years old. Once properly filed, the father's name is added to the birth certificate, and he gains full legal standing to pursue parental rights.
Court-Ordered Paternity Testing
When paternity is disputed, either parent or the NH Department of Health and Human Services can file a petition with the Circuit Court Family Division under RSA 168-A. The court will order genetic testing, which typically costs $200-$500 depending on the laboratory used. DNA testing has a 99.9% accuracy rate for establishing biological parentage. If the test confirms paternity, the court enters an order of filiation establishing the legal father-child relationship. This order carries the same legal weight as a voluntary acknowledgment and allows the father to proceed with custody and parenting time requests.
Filing for Custody as an Unmarried Parent
The filing fee for a parenting petition in New Hampshire is $225 as of March 2026, with an additional 3% surcharge for credit or debit card payments. Unmarried parents file their custody cases in the Circuit Court Family Division serving their county. New Hampshire has 10 Circuit Court locations throughout the state. Parents can request a fee waiver using Form NHJB-2064-F if their household income falls at or below 125% of the federal poverty guidelines ($18,900 for a single person in 2026).
Required Documents
Filing a parenting petition requires several documents: the Parenting Petition form (NHJB-2059-F), a proposed Parenting Plan (NHJB-2064-F), proof of paternity establishment, and a completed Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit. If requesting child support, parents must also file a Child Support Guidelines Worksheet. The petitioner must serve the other parent with copies of all filed documents according to New Hampshire service rules, either through personal service by a sheriff or certified mail with return receipt requested.
Jurisdiction Requirements
New Hampshire follows the UCCJEA under RSA 458-A, which requires the child to have lived in New Hampshire for at least 6 consecutive months before filing for the state to have home state jurisdiction. If the child is younger than 6 months, the child's birthplace typically establishes jurisdiction. Emergency jurisdiction applies when a child present in New Hampshire faces abandonment or immediate safety threats, allowing the court to issue temporary protective orders regardless of home state status.
Best Interest Factors Under RSA 461-A:6
New Hampshire courts make all custody decisions based on the best interests of the child, weighing 13 statutory factors under RSA 461-A:6. The court examines each parent's relationship with the child, their ability to provide basic needs, and their willingness to support the child's relationship with the other parent. Since January 2025 under HB 185, courts must begin with a presumption of approximately equal parenting time (40% or more for each parent) and provide written findings if they deviate from this standard.
The 13 Statutory Factors
- The relationship of the child with each parent and each parent's ability to provide nurture, love, affection, and guidance
- Each parent's ability to provide adequate food, clothing, shelter, medical care, and a safe environment
- The child's developmental needs and each parent's ability to meet them currently and in the future
- The quality of the child's adjustment to school and community and the potential effect of any change
- Each parent's ability and disposition to foster a positive relationship with the other parent
- Support of each parent for the child's contact with the other parent
- The child's relationship with other significant persons
- The parents' ability to communicate, cooperate, and make joint decisions
- Any evidence of abuse under RSA 173-B:1 or RSA 169-C:3 and its impact
- If a parent is incarcerated, the circumstances and length of incarceration
- The state's policy regarding parental rights under RSA 461-A:2
- The preference of a mature child if the court finds clear and convincing evidence of sufficient maturity
- Any other factors the court deems relevant
Domestic Violence Considerations
New Hampshire law creates a rebuttable presumption against awarding decision-making responsibility or primary residential responsibility to a parent who has committed domestic violence under RSA 461-A:6. The court must consider any evidence of abuse and its impact on both the child and the relationship between the child and the abusing parent. Approximately 15% of New Hampshire custody cases involve domestic violence allegations that significantly affect the court's parenting time determinations.
Parenting Plans and Schedules
Every custody case in New Hampshire requires a parenting plan under RSA 461-A:4, regardless of whether the parents were ever married. The parenting plan must include a detailed schedule specifying when each parent has residential responsibility, decision-making authority allocations, and provisions for holidays, school breaks, and special occasions. Courts require both parents to file proposed parenting plans, even if the parents ultimately agree on a joint plan.
Decision-Making Responsibility
Decision-making responsibility covers major life choices including education (school selection, special education services), non-emergency healthcare (medical treatments, therapy, vaccinations), and religious upbringing. Parents can choose joint decision-making where both parents share responsibility, or sole decision-making where one parent has final authority. Under RSA 461-A:5, courts presume joint decision-making serves the child's best interests unless evidence demonstrates otherwise, such as a history of severe parental conflict or abuse.
Residential Responsibility Standards
Residential responsibility determines the child's physical living arrangement and overnight schedule. New Hampshire's HB 185, effective January 2025, established that approximately equal parenting time (40% or more overnights with each parent) is the presumptive starting point. If the court finds equal time is not in the child's best interests, it must issue written findings explaining the deviation. A substantially shared parenting schedule under RSA 458-C means each parent has more than 35% of overnights, which affects child support calculations.
Mediation Requirements
Mandatory mediation applies to all contested custody cases in New Hampshire under RSA 461-A:7. Approximately 75% of disputed custody cases settle through mediation, avoiding the expense and stress of a full trial. Mediation sessions typically cost $150-$300 per hour, with sessions lasting 2-4 hours on average. Many cases resolve within 2-3 mediation sessions, significantly reducing litigation costs that can exceed $15,000-$30,000 for a fully contested custody trial.
Exceptions to Mandatory Mediation
The court will not order mediation if there is credible evidence of domestic violence between the parties, unless both parties voluntarily agree to mediate. Other exceptions include cases involving child abuse or neglect allegations, serious psychological or emotional abuse, situations where mediation would cause undue hardship, or when parents have already agreed to use a different alternative dispute resolution method such as collaborative law or arbitration.
Child Impact Program
All parents in New Hampshire divorce or custody cases must attend a 4-hour Child Impact Program before their first court appearance. This program educates parents about the effects of parental conflict on children and provides communication strategies for co-parenting. The program costs approximately $50-$75 per parent. Failure to complete the Child Impact Program can result in sanctions or delay of your custody case. Online completion options are available through court-approved providers.
Child Support for Unmarried Parents
New Hampshire calculates child support using the Income Shares model under RSA 458-C, which bases support on what the child would have received if the parents lived together. The guideline percentages range from 25.6% of combined net income for one child (at income levels of $15,000 or less) down to 19% at income levels of $125,000 or more. Both parents' adjusted gross incomes are combined and cross-referenced against the RSA 458-C schedule to determine the basic support obligation.
Calculating Support Amounts
The child support calculation begins with each parent's gross income, then subtracts mandatory deductions including federal and state income taxes, FICA/Medicare contributions, and existing child support obligations for other children. Additional costs for health insurance premiums, childcare expenses, and extraordinary medical needs are allocated between parents proportionally to their income shares. The NH Department of Health and Human Services provides a free online calculator at business.nh.gov to estimate support amounts.
Parenting Time Adjustments
Child support calculations adjust based on the parenting schedule. An approximately equal parenting schedule (each parent with 40%+ overnights) results in the most significant support reduction because both parents directly bear child-related expenses during their parenting time. A substantially shared schedule (35-40% overnights) also reduces the support obligation but to a lesser degree. The self-support reserve ensures the paying parent retains at least 130% of the federal poverty guideline ($18,900 for a single person in 2026).
Modification of Support Orders
RSA 458-C:7 provides for automatic 3-year reviews of child support orders upon request by either parent or DHHS. If the recalculated amount differs materially from the existing order (typically 15% or more), the court may modify the obligation. Parents can also request modifications based on substantial changes in circumstances, such as job loss, income changes exceeding 15%, changes in the parenting schedule, or changes in the children's needs.
Modification of Custody Orders
Custody orders can be modified under RSA 461-A:11 when there has been a substantial change in circumstances and modification would serve the child's best interests. Common qualifying changes include a parent's relocation, significant changes in work schedules, the child's developmental needs changing with age, or evidence of parental alienation. New Hampshire's pending HB 1323 (2026) would specifically address parental alienation as grounds for modification if it passes.
Relocation Rules
Under RSA 461-A:12, a parent with residential responsibility must provide 60 days written notice before relocating with the child to a location that would materially affect the other parent's parenting time. The non-relocating parent can object and request a hearing. Courts evaluate relocation requests by examining the reason for the move, the impact on the child's relationship with both parents, and whether an adjusted parenting schedule can preserve meaningful contact with the non-relocating parent.
Enforcement of Orders
When a parent violates a custody order, the other parent can file a motion for contempt with the court. Penalties for contempt can include makeup parenting time, modification of the order, attorney fee awards, and in severe cases, jail time. The court can also order participation in co-parenting counseling or appoint a parenting coordinator to help resolve ongoing disputes. Approximately 12% of New Hampshire custody cases return to court within 2 years for enforcement or modification issues.
Grandparents' Rights
New Hampshire recognizes limited grandparents' visitation rights under RSA 461-A:13. Grandparents can petition for visitation only in specific circumstances: when a parent has died, the parents are divorced or legally separated, or the child was born out of wedlock and paternity has been established. The grandparent must prove that visitation is in the child's best interests and that denial of visitation would result in harm to the child. Courts give significant weight to the parents' decision regarding grandparent contact.
Unmarried Fathers' Rights in New Hampshire
Once paternity is established, unmarried fathers have the same legal rights as married fathers under New Hampshire law. The state's family law is explicitly gender-neutral, meaning courts cannot show preference based on the parent's sex. Under RSA 461-A:6, the law specifically prohibits gender-based presumptions in custody determinations. With the 2025 HB 185 amendments establishing equal parenting time as the starting point, unmarried fathers who establish paternity have strong legal standing to pursue meaningful parenting time.
Steps for Unmarried Fathers
- Establish paternity through the Affidavit of Paternity (if mother agrees) or court petition with genetic testing
- File a Parenting Petition (NHJB-2059-F) with the Circuit Court Family Division - $225 filing fee
- Complete the mandatory 4-hour Child Impact Program before your first court appearance
- File a proposed Parenting Plan (NHJB-2064-F) with your custody and visitation requests
- Attend mediation if the other parent disputes your requests
- If mediation fails, prepare for a contested hearing where the court applies the 13 best interest factors