Using a New Hampshire Custody Agreement

Your New Hampshire custody agreement must follow the specific requirements of state laws. You can find these laws in Section 461-A of the New Hampshire Statutes. It contains all information you need for creating a custody agreement. Section 461-A:2 states it is in the child's best interests for him/her to have both parents in his/her life. Because of this, New Hampshire's policy is to:

• Support frequent and continuing contact between both parents and the child;

• Encourage parents to share child-raising responsibilities after separation or divorce;

• Encourage parents to create their own parenting plan with help from legal or mediation professionals unless there is evidence or history of domestic violence, child abuse or neglect;

• Grant parents and the court wide discretion in making a parenting plan; and

• Consider the child's best interests and the parents' safety in making a parenting plan.

New Hampshire uses the term parenting plan instead of custody agreement. They are the same, but the correct terminology needs to be used. A parenting plan needs to show how both parents will share the rights and responsibilities of raising their child. Physical time needs to be divided and other parental responsibilities need to be determined. It is best to work together with the other parent as much as possible unless there is a lot of conflict. If this is the case, mediation or legal counsel should be considered.

Section 461-A:4 explains that the law requires that parents submit a parenting plan to the court. If parents cannot develop a plan, the court will do it. A New Hampshire parenting plan should include:

• Responsibilities for decision-making and residence;

• Access to the child's information, including telephone and electronic access;

• The child's legal residence for school attendance;

• A schedule that includes vacations, holidays, birthdays, weekends (including holiday weekends) and school in-service days preceding or following weekends;

• Information about transportation and exchange of the child;

• Any relocation of the parents;

• A way to review and adjust the plan;

• A dispute resolution process; and

• Any other additional information that will benefit the situation and the child.

Section 461-A:5 offers good information about how to split decision-making responsibilities. Generally, parents choose to have joint decision-making responsibility where both contribute to making decisions about the child's health, safety, education, religion, etc. The court believes that joint decision-making is best for the child when the parents agree on it and both parents are found capable and fit to do so.

Section 461-A:6 has a few other things to consider. First, if the court finds that the child is of sufficient age and maturity to make a decision, the court may give substantial weight to the child's preference regarding custody. Also, the court does not have a preference about the parents' or child's gender or the parents' financial situations when determining parental rights and responsibilities.

With this information, parents can create a parenting plan or custody agreement in New Hampshire that most benefits your child.