What is a parenting plan in New Hampshire?

In New Hampshire, a parenting plan is the written document that turns parental rights and responsibilities into a schedule for the children. It can be used by parents who are divorcing, by parents who were never married, or by a parent asking the court to change an existing order. New Hampshire requires the parents to develop and file a parenting plan to be included in the court's decree (RSA 461-A:4(I)), always guided by the best interests of the child.

What is the difference between a parenting plan and a custody order in New Hampshire?

New Hampshire no longer uses the word custody; it uses parental rights and responsibilities (RSA 461-A). The parenting plan is the document the parents develop, and it is included directly in the court's decree (RSA 461-A:4(I)). So in New Hampshire the approved parenting plan is effectively the order that governs decision-making responsibility, residential responsibility, and the schedule.

Why does New Hampshire use parental rights and responsibilities instead of custody?

New Hampshire replaced custody with parental rights and responsibilities to move away from the idea of winning or losing a child and to focus on the shared obligations of both parents. The statute defines parental rights and responsibilities as all rights and responsibilities parents have concerning their child (New Hampshire RSA 461-A:1), and it separates decision-making responsibility from residential responsibility.

What must a New Hampshire parenting plan include?

Under New Hampshire RSA 461-A:4(II), a parenting plan addresses decision-making responsibility and residential responsibility, information sharing and access, the child's legal residence for school, the parenting schedule (including holidays, birthdays, vacations, weekends, and school in-service days), transportation and exchange, relocation of parents, a procedure for review and modification, and methods for resolving disputes.

What is residential responsibility in New Hampshire?

In New Hampshire, residential responsibility means a parent's responsibility to provide a home for the child (New Hampshire RSA 461-A:1). It is the concept New Hampshire uses in place of physical custody, and the parenting plan sets out a detailed schedule specifying when each parent has residential responsibility or non-residential parenting time.

What is decision-making responsibility in New Hampshire?

In New Hampshire, decision-making responsibility means the responsibility to make decisions for the child, and it may refer to decisions on all issues or on specified issues (New Hampshire RSA 461-A:1). It is the concept New Hampshire uses in place of legal custody, so the parenting plan states whether the parents share decision-making or allocate it by topic.

New Hampshire Parenting Plan

Q: Is a parenting plan required in New Hampshire?

Yes. In any New Hampshire proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under RSA 173-B, the parents shall develop and file with the court a parenting plan to be included in the court's decree (RSA 461-A:4(I)). If the parents are unable to develop a plan, the court may develop it, so preparing a clear plan is an important step in the case.

Q: Which court approves a parenting plan in New Hampshire?

In New Hampshire, parenting plans are filed in the family division of the circuit court and included in the court's decree (RSA 461-A:4(I)). The court is guided by the best interests of the child (RSA 461-A:6(I)). The New Hampshire Judicial Branch publishes a standard parenting plan and parenting resources for parents preparing their plan.

New Hampshire uses parental rights and responsibilities instead of custody and requires a parenting plan in the court's decree. Attorney review available.

Find out where you stand in New Hampshire

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Introduction

New Hampshire has replaced the word custody with parental rights and responsibilities, which the statute defines as all rights and responsibilities parents have concerning their child (New Hampshire RSA 461-A:1). A parenting plan is the written document that puts those rights and responsibilities into a workable schedule, and it is used by parents who are divorcing, by parents who were never married, and by parents changing an existing order. New Hampshire splits parental rights and responsibilities into decision-making responsibility, which is the responsibility to make decisions for the child on all or specified issues, and residential responsibility, which is a parent's responsibility to provide a home for the child (RSA 461-A:1). A parenting plan is required: in any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under RSA 173-B, the parents shall develop and file with the court a parenting plan to be included in the court's decree, and if the parents cannot develop one, the court may develop it (RSA 461-A:4(I)). The plan addresses decision-making and residential responsibility, information sharing, the child's legal residence for school, the parenting schedule, transportation, relocation, review and modification, and methods for resolving disputes (RSA 461-A:4(II)). In determining parental rights and responsibilities, the court is guided by the best interests of the child (RSA 461-A:6(I)). Because the statute text here is confirmed through a proxy of the primary code and a corroborating search pending direct re-confirmation, DocDraft builds your New Hampshire parenting plan from your family's schedule, with attorney review available before you file it in the family division.

Key Things to Know

1
A parenting plan is a written document that puts parental rights and responsibilities into a workable schedule for a child, whether the parents are divorcing, were never married, or are changing an existing order.
2
New Hampshire has replaced custody with parental rights and responsibilities, defined as all rights and responsibilities parents have concerning their child (New Hampshire RSA 461-A:1).
3
In New Hampshire, decision-making responsibility is the responsibility to make decisions for the child on all or specified issues (RSA 461-A:1).
4
In New Hampshire, residential responsibility is a parent's responsibility to provide a home for the child (RSA 461-A:1).
5
A parenting plan is required in New Hampshire: the parents shall develop and file a parenting plan to be included in the court's decree, and the court may develop it if the parents cannot (RSA 461-A:4(I)).
6
A New Hampshire parenting plan must address decision-making and residential responsibility, information sharing, the parenting schedule, transportation, relocation, review and modification, and dispute resolution (RSA 461-A:4(II)).
7
In determining parental rights and responsibilities, a New Hampshire court is guided by the best interests of the child (RSA 461-A:6(I)).

Key decisions before you file

Before you file a Parenting Plan in New Hampshire, a few decisions shape the document: which option to choose and what each one means. The Parenting Plan guide walks through them.

Open the Parenting Plan guide

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NEW HAMPSHIRE PARENTING PLAN

This parenting plan is made between [PARENT 1 FULL NAME] and [PARENT 2 FULL NAME], the parents of the child or children named below. The parents may be married and divorcing, or unmarried, and this plan may also be used to modify an existing order. New Hampshire uses parental rights and responsibilities instead of custody, and requires the parents to develop and file a parenting plan to be included in the court's decree (New Hampshire RSA 461-A:4(I)).

Children covered: [CHILD FULL NAME, DATE OF BIRTH] [ADD EACH CHILD].

Decision-making responsibility. The parents will [share / allocate to PARENT] decision-making responsibility, the responsibility to make decisions for the children on all or specified issues. Major decisions about education, health care, and religious upbringing will be made [jointly, after good-faith discussion / by PARENT]. Each parent may make routine day-to-day decisions while the children are in that parent's care.
Residential responsibility and parenting schedule. Residential responsibility, a parent's responsibility to provide a home for the children, is allocated as follows. The children will reside primarily with [PARENT], with a detailed schedule specifying when each parent has residential responsibility or non-residential parenting time. Weekdays: [describe the regular weekday schedule]. Weekends: [describe the alternating or fixed weekend schedule, with pick-up and drop-off times].
Information sharing and legal residence. The parents will share information about the children's health, school, and activities, including telephone and electronic access, and the children's legal residence for school attendance is [ADDRESS].
Holidays and vacations. The parents will divide holidays, birthdays, and vacations as follows: [describe, alternating by year or as agreed], along with school in-service days. Mother's Day is with [PARENT] and Father's Day with [PARENT].
Transportation and exchange. Exchanges will take place at [LOCATION] at [TIME]. [Each parent / PARENT] will provide transportation for [pick-up / drop-off]. If a parent will be more than [NUMBER] minutes late, that parent will notify the other parent as soon as possible.
Relocation. A parent who intends to relocate will give the other parent written notice before the planned move, so the parents can discuss the change or, if needed, ask the court to review the plan.
Review and modification. The parents will follow this procedure for review and adjustment of the plan, including the grounds for modification: [describe].
Dispute resolution. If a disagreement arises about this plan, the parents will resolve it through [the method the parents choose, for example mediation] before returning to court.

This parenting plan is included in the court's decree and is guided by the best interests of the child (New Hampshire RSA 461-A:6). For the general template and other states, see the Parenting Plan hub.

Signed: _____________________ [PARENT 1] Date: __________ _____________________ [PARENT 2] Date: __________

New Hampshire Requirements for Parenting Plan

Parental Rights and Responsibilities
New Hampshire has replaced custody with parental rights and responsibilities, defined as all rights and responsibilities parents have concerning their child (New Hampshire RSA 461-A:1). Statute text here is confirmed through a proxy of the primary code pending direct re-confirmation; attorney review is available.
Decision-Making Responsibility
In New Hampshire, decision-making responsibility means the responsibility to make decisions for the child, and it may refer to decisions on all issues or on specified issues (New Hampshire RSA 461-A:1). This is the concept New Hampshire uses in place of legal custody.
Residential Responsibility
In New Hampshire, residential responsibility means a parent's responsibility to provide a home for the child (New Hampshire RSA 461-A:1). This is the concept New Hampshire uses in place of physical custody, and the plan sets out a detailed schedule of when each parent has residential responsibility.
Parenting Plan Is Required
In any New Hampshire proceeding to establish or modify a judgment providing for parenting time, except matters filed under RSA 173-B, the parents shall develop and file with the court a parenting plan to be included in the court's decree, and if the parents cannot develop one, the court may develop it (New Hampshire RSA 461-A:4(I)).
Required Plan Contents
A New Hampshire parenting plan addresses decision-making responsibility and residential responsibility, information sharing and access, the child's legal residence for school, the parenting schedule, transportation and exchange, relocation, a review and modification procedure, and methods for resolving disputes (New Hampshire RSA 461-A:4(II)).
Detailed Parenting Schedule
A New Hampshire parenting plan must include a detailed parenting schedule specifying when each parent has residential responsibility or non-residential parenting time, including holidays, birthdays, vacations, weekends, and school in-service days (New Hampshire RSA 461-A:4).
Best Interests Standard
In determining parental rights and responsibilities, a New Hampshire court is guided by the best interests of the child and considers enumerated factors such as each parent's relationship with the child and ability to meet the child's needs (New Hampshire RSA 461-A:6(I)).
Family Division Approval
A New Hampshire parenting plan is filed in the family division of the circuit court and included in the court's decree (New Hampshire RSA 461-A:4(I)). The New Hampshire Judicial Branch publishes a standard parenting plan and parenting resources for parents.

Find out where you stand in New Hampshire

Introduction

Key Things to Know

Key decisions before you file

Customize your Parenting Plan Template with DocDraft

New Hampshire Requirements for Parenting Plan

Parental Rights and Responsibilities

Decision-Making Responsibility

Residential Responsibility

Parenting Plan Is Required

Required Plan Contents

Detailed Parenting Schedule

Best Interests Standard

Family Division Approval

Frequently Asked Questions