New Hampshire courts require divorcing parents to file a parenting plan that includes detailed holiday, vacation, and school break schedules under RSA 461-A:4. The state's 2025 shared parenting law (HB185) now encourages approximately equal parenting time, making holiday schedule negotiations more balanced. A typical New Hampshire holiday custody schedule alternates major holidays between parents on odd and even years, with Christmas Eve going to one parent in even years while the other parent receives Christmas Day, then switching the following year.
Key Facts: New Hampshire Holiday Custody
| Factor | Details |
|---|---|
| Governing Statute | RSA 461-A:4 (Parenting Plans) |
| Filing Fee (with children) | $252-$282 (as of March 2026; verify with clerk) |
| Residency Requirement | 1 year, or both spouses domiciled in NH |
| Grounds for Divorce | No-fault (irreconcilable differences) under RSA 458:7-a |
| Property Division | Equitable distribution under RSA 458:16-a |
| 2025 Law Change | HB185 encourages approximately equal parenting time |
| Official Court Form | NHJB-2064-F |
How New Hampshire Law Addresses Holiday Parenting Time
New Hampshire requires all divorcing parents with minor children to submit a parenting plan that specifically addresses holiday, birthday, and vacation scheduling under RSA 461-A:4. The official court form (NHJB-2064-F) mandates nine sections covering all aspects of parental rights and responsibilities, including detailed provisions for special occasions. When holiday schedules conflict with regular residential schedules, New Hampshire courts consistently rule that the holiday schedule takes priority over routine parenting time arrangements.
The state legislature significantly strengthened shared parenting rights through HB185, which took effect January 1, 2025. This law amended RSA 461-A:2 to encourage approximately equal parenting time between children and both parents. Courts must now provide written findings if they determine equal parenting time is not in a child's best interest. This presumption directly impacts holiday schedule negotiations, as parents now have stronger legal footing to request balanced holiday time.
Standard Holiday Custody Schedule in New Hampshire
New Hampshire courts approve alternating holiday schedules where each parent receives roughly equal time with children during major holidays across a two-year cycle. A court-approved holiday parenting schedule typically assigns specific holidays to Parent A in even-numbered years (2026, 2028, 2030) and to Parent B in odd-numbered years (2027, 2029, 2031). This alternating pattern ensures both parents experience important holidays with their children over time.
Traditional Alternating Holiday Schedule
| Holiday | Parent A (Even Years) | Parent B (Odd Years) | Typical Times |
|---|---|---|---|
| Easter | 9:00 AM - 6:00 PM | Alternate Year | Day only |
| Memorial Day Weekend | Friday 6 PM - Monday 6 PM | Alternate Year | Extended |
| July 4th | 9:00 AM - overnight | Alternate Year | Overnight |
| Labor Day Weekend | Friday 6 PM - Monday 6 PM | Alternate Year | Extended |
| Halloween | 9:00 AM - overnight | Alternate Year | Overnight |
| Thanksgiving | Wednesday 6 PM - Sunday 6 PM | Alternate Year | Extended |
| Christmas Eve | 12:00 PM - overnight | Alternate Year | Overnight |
| Christmas Day | 12:00 PM - overnight | Alternate Year | Overnight |
| New Year's Eve | 6:00 PM - 12:00 PM Jan 1 | Alternate Year | Overnight |
Christmas and Winter Break Custody Arrangements
New Hampshire parents typically divide Christmas custody by splitting Christmas Eve and Christmas Day between households, with the schedule alternating each year. Under this arrangement, one parent has the child from December 24 at noon through December 25 at noon, while the other parent has December 25 at noon through December 26 at noon. The following year, the parents switch. This split-holiday approach allows children to celebrate Christmas morning with one parent and Christmas dinner with the other, rotating annually.
Winter school break presents additional scheduling considerations beyond Christmas Day itself. New Hampshire schools typically have a two-week winter break spanning approximately December 23 through January 3. Many parenting plans divide this break at the midpoint (often December 28 or 29), with each parent receiving roughly one week. Some families prefer the first parent to have the first half of break including Christmas in even years, switching to the second half including New Year's in odd years.
Sample Winter Break Division
| Period | Parent A (Even Years) | Parent B (Odd Years) |
|---|---|---|
| Dec 23-27 | Residential time | Travel day Dec 27 |
| Dec 28-Jan 2 | Travel day Dec 27 | Residential time |
| Christmas Day | Morning through noon | Noon through evening |
| New Year's Eve/Day | With Parent B | With Parent A |
Thanksgiving Custody Schedule Options
New Hampshire courts recognize Thanksgiving as an extended holiday requiring specific parenting plan provisions that address the full four-day weekend rather than just Thursday. The standard Thanksgiving custody schedule runs from Wednesday at 6:00 PM through Sunday at 6:00 PM, encompassing school dismissal Wednesday afternoon through the entire long weekend. Parents alternate this block annually, with one parent having Thanksgiving in even years and the other in odd years.
Some New Hampshire families prefer splitting Thanksgiving week rather than alternating entire years. Under this approach, one parent has Wednesday evening through Friday at noon (including Thanksgiving dinner), while the other parent has Friday at noon through Sunday evening. This ensures both parents spend time with children during the holiday weekend each year, though it requires more transitions. Courts generally approve either approach provided both parents agree and the arrangement serves the child's best interests under RSA 461-A:6.
Summer Vacation Custody Schedules
New Hampshire parenting plans must include vacation schedule provisions that allow children extended time with each parent during summer break under RSA 461-A:4. The statute requires parents to specify conditions for vacation time, including advance notice requirements, typically 30 to 60 days before summer vacation begins. Most New Hampshire parenting plans allocate two to four weeks of uninterrupted summer vacation time to each parent, separate from the regular parenting schedule.
The most common summer custody arrangements in New Hampshire include: (1) maintaining the regular schedule with each parent receiving 2-3 weeks of designated vacation time; (2) alternating weeks throughout summer; (3) splitting summer into two halves with one parent taking June through mid-July and the other taking mid-July through August; or (4) granting the non-residential parent extended summer time of 6-8 weeks for long-distance co-parenting situations. Each parent typically provides written notice of vacation dates by April 1 or May 1, with the first-requesting parent receiving priority for conflicting dates.
Summer Schedule Comparison
| Schedule Type | Parent A Summer Time | Parent B Summer Time | Best For |
|---|---|---|---|
| Regular + Vacation Blocks | Regular schedule + 2-3 weeks | Regular schedule + 2-3 weeks | Local co-parents |
| Alternating Weeks | 50% of summer weeks | 50% of summer weeks | Equal time priority |
| Split Summer | June 15 - July 31 | August 1 - school start | Extended trips |
| Extended Non-Custodial | 2 weeks | 6-8 weeks | Long-distance families |
School Break and Three-Day Weekend Provisions
New Hampshire parenting plans should address school vacation weeks including February vacation (Presidents' Week), April vacation (spring break), and all Monday holidays creating three-day weekends. Under New Hampshire Court Rule 2.18, parenting schedules must specify provisions for extended weekends when holidays or school schedules create three-day weekends. Many plans simply extend the regular weekend schedule through Monday for the parent who has that weekend, while others alternate three-day weekends independently of the regular schedule.
February and April school vacations, typically lasting one week each in New Hampshire, often alternate between parents annually. One parent receives February vacation in even years and April vacation in odd years, with the arrangement reversing the following year. This ensures each parent has one full week with children during the school year beyond their regular parenting time. Some families divide each break at the midpoint, giving each parent half of both vacations each year.
Mother's Day, Father's Day, and Birthday Provisions
New Hampshire parenting plans typically include fixed provisions ensuring children spend Mother's Day with their mother and Father's Day with their father regardless of the regular schedule. These holidays override the regular parenting schedule without needing to alternate years. The standard arrangement provides the honoring parent residential time from 9:00 AM to 7:00 PM on their respective holiday, or from Saturday evening through Sunday evening for an overnight.
Children's birthdays require separate parenting plan provisions under New Hampshire practice. Common approaches include: (1) alternating the child's actual birthday between parents annually; (2) the parent whose regular schedule includes the birthday has the child that day, with the other parent hosting a celebration on a different day; or (3) splitting the birthday with one parent having daytime hours and the other having evening hours. Parents' birthdays may also be addressed, typically allowing 4-6 hours of time with children on the parent's birthday regardless of the regular schedule.
HB185 and Equal Parenting Time Requirements
New Hampshire's HB185, signed into law July 26, 2024, and effective January 1, 2025, fundamentally changed how courts approach parenting time allocation including holiday schedules. The law amended RSA 461-A:2 to replace the previous standard of frequent and continuing contact with language encouraging approximately equal parenting time between children and both parents. Courts must now make written findings if they determine equal parenting time is not in the child's best interest.
This legislative change strengthens parents' positions when negotiating holiday custody schedules. Under the pre-2025 framework, courts had broader discretion to create unequal holiday divisions. The new law creates a presumption favoring equal time, which directly applies to holiday, vacation, and special occasion scheduling. Parents seeking less than equal holiday time now bear the burden of demonstrating why unequal division serves the child's best interests under the factors outlined in RSA 461-A:6.
Creating Your New Hampshire Parenting Plan
New Hampshire requires divorcing parents to file the official parenting plan form NHJB-2064-F, available from the New Hampshire Judicial Branch website. The form requires completion of nine sections (A through I) covering all aspects of parental rights and responsibilities. Parents must attempt to reach agreement on as many provisions as possible and file a joint parenting plan for agreed items. Where parents cannot agree, each files a separate proposed plan addressing disputed issues.
The court will review submitted parenting plans under the best interest factors of RSA 461-A:6, which include: the relationship between the child and each parent; each parent's ability to provide nurturing care; the child's adjustment to home, school, and community; the mental and physical health of all parties; each parent's ability to support the child's relationship with the other parent; and any history of abuse. Courts may reject parenting plan provisions that do not serve the child's best interests and substitute court-developed provisions.
Required Parenting Plan Sections
| Section | Content Required |
|---|---|
| A | Decision-making responsibility allocation |
| B | Residential responsibility schedule |
| C | Holiday, birthday, and vacation schedule |
| D | Transportation arrangements |
| E | Communication between parents |
| F | Child's communication with each parent |
| G | Relocation notice requirements |
| H | Dispute resolution method |
| I | Other provisions (activities, medical, education) |
Modifying Holiday Custody Schedules
New Hampshire permits modification of parenting plans including holiday schedules when circumstances have substantially changed since the original order under RSA 461-A:11. The filing fee for a modification petition with full agreement between parties is $135 as of March 2026, while contested modifications cost $225 plus certified mail fees. Parents must demonstrate that the proposed modification serves the child's best interests, not merely that circumstances have changed.
Common reasons for modifying holiday custody schedules include: children aging and developing different needs; parents relocating to different distances; work schedule changes affecting availability; children's extracurricular activities requiring schedule adjustments; or the original schedule proving unworkable in practice. Courts consider the child's preference as one factor when the child is of sufficient age and maturity, though New Hampshire law does not specify a particular age at which children may choose their own schedule.
Enforcement When Holiday Schedules Are Violated
New Hampshire provides remedies when parents violate court-ordered holiday parenting schedules. Under RSA 461-A:8, if a court finds that a parent has, without just cause, failed to abide by the terms of a parenting schedule, the court shall order additional parenting time to the other parent as compensation for time lost with the child. This makeup time may include weekends, holidays, and summer parenting time to ensure the deprived parent receives equivalent time.
Contempt of court provides an additional enforcement mechanism for repeated or willful violations of holiday custody orders. A parent may file a petition for contempt, with the filing fee of $225 for contested matters plus certified mail costs. Courts may impose sanctions including attorney fee awards, makeup parenting time, modification of the schedule, or in severe cases, changes to residential responsibility. Documentation of violations, including text messages, emails, and calendars, strengthens enforcement petitions.
Frequently Asked Questions
What is the standard holiday custody schedule in New Hampshire?
The standard New Hampshire holiday custody schedule alternates major holidays between parents on odd and even years. Parent A typically receives Easter, July 4th, and Christmas Eve in even years (2026, 2028), while Parent B receives those holidays in odd years (2027, 2029). Thanksgiving and Christmas Day follow the opposite pattern. This arrangement ensures each parent celebrates every major holiday with their children over a two-year cycle.
How does New Hampshire's HB185 affect holiday custody schedules?
HB185, effective January 1, 2025, amended RSA 461-A:2 to encourage approximately equal parenting time between children and both parents. This law strengthens parents' negotiating positions for equal holiday time division. Courts must now provide written findings explaining why equal parenting time is not in a child's best interest if they order unequal schedules, creating a presumption favoring balanced holiday arrangements.
Does the holiday schedule override the regular custody schedule in New Hampshire?
Yes, New Hampshire courts consistently rule that holiday parenting schedules take priority over regular residential schedules when conflicts occur. If a parent's regular weekend falls on a holiday assigned to the other parent, the holiday designation controls. Parenting plans should explicitly state that holiday provisions supersede regular scheduling to avoid confusion and disputes.
How is Christmas custody typically divided in New Hampshire?
New Hampshire parents commonly split Christmas by dividing Christmas Eve and Christmas Day between households, alternating annually. One parent has December 24 at noon through December 25 at noon (Christmas morning), while the other has December 25 at noon through December 26 at noon (Christmas dinner). The schedule reverses the following year, ensuring each parent experiences Christmas morning and Christmas dinner with children over a two-year period.
Can I get makeup time if my ex violates the holiday schedule?
Yes, RSA 461-A:8 requires New Hampshire courts to order additional parenting time as compensation when a parent without just cause fails to follow the parenting schedule. Makeup time may include weekends, holidays, and summer vacation time. Courts design makeup arrangements to restore the equivalent time lost, potentially including extra holiday time in subsequent years.
How much does it cost to modify a holiday custody schedule in New Hampshire?
Filing fees for parenting plan modifications in New Hampshire range from $135 to $225 as of March 2026. Modifications where both parents agree cost $135, while contested modification petitions cost $225 plus certified mail fees (approximately $25 per person served). Additional attorney fees typically range from $150-$400 per hour depending on case complexity.
What summer vacation rights do non-custodial parents have in New Hampshire?
New Hampshire parenting plans must include vacation provisions allowing children extended time with each parent during summer break under RSA 461-A:4. Most plans allocate 2-4 weeks of uninterrupted summer vacation to each parent, with 30-60 days advance notice required. Long-distance parents often receive extended summer time of 6-8 weeks to compensate for reduced time during the school year.
How do New Hampshire courts handle disputes over holiday schedules?
New Hampshire requires parenting plans to include a dispute resolution method, typically mediation or arbitration, before returning to court. If parents cannot resolve conflicts through the designated method, either may file a motion with the court ($225 filing fee for contested matters). Courts resolve disputes by applying the best interest factors under RSA 461-A:6.
At what age can a child choose which parent to spend holidays with in New Hampshire?
New Hampshire law does not specify an age at which children may choose their holiday schedule. Courts consider a child's preference as one factor when the child demonstrates sufficient age and maturity to express a reasoned opinion. The child's preference is not determinative; courts weigh it alongside other best interest factors under RSA 461-A:6. Teenagers' preferences typically receive more weight than younger children's.
Do I need an attorney to create a holiday custody schedule in New Hampshire?
While not legally required, attorney representation helps ensure parenting plans address all necessary provisions and protect your rights. New Hampshire provides the official parenting plan form (NHJB-2064-F) for self-represented parties. The $252-$282 filing fee applies regardless of representation. Parents who cannot afford attorneys may request fee waivers and access resources through 603 Legal Aid.
This guide provides general information about holiday custody schedules in New Hampshire and does not constitute legal advice. Holiday custody arrangements depend on individual circumstances and the specific factors of each case. Consult with a qualified New Hampshire family law attorney for advice about your particular situation. Filing fees current as of March 2026; verify with your local Circuit Court Family Division clerk before filing.