New Hampshire Child Custody: A Parent's Guide

In short: New Hampshire uses "parental rights and responsibilities" rather than "custody," decided under 13 statutory best-interest factors. Relocating a residence where the child lives at least 150 days a year requires notice, with 60 days presumed reasonable, and a parent generally can't move the child without a court order unless safety requires it.

This is an educational overview written for parents, not lawyers. It isn't legal advice. For anything beyond general understanding, talk to a licensed New Hampshire family law attorney.

What New Hampshire generally provides

Under RSA 461-A:6, every parental rights and responsibilities decision in New Hampshire must be based on the best interests of the child, assessed through 13 statutory factors that apply to any custody determination, modification, or relocation decision.

Important terminology

• Parental rights and responsibilities: New Hampshire's term for what other states call custody.
• Relocation: under RSA 461-A:12, moving a residence where the child lives at least 150 days a year, triggering notice requirements.
• Presumed reasonable notice: the 60-day standard New Hampshire courts generally apply, absent a safety-related reason for shorter notice.

How custody works in New Hampshire

The 13 best-interest factors

Courts weigh the child's relationship with each parent and each parent's ability to provide nurture, love, affection, and guidance, each parent's ability to assure the child receives adequate food, clothing, shelter, medical care, and a safe environment, and each parent's ability to meet the child's physical, emotional, and developmental needs. New Hampshire courts strongly favor parents who encourage the child's relationship with the other parent, and weigh safety, parental involvement, cooperation, and any history of domestic violence or abuse. If the child is of sufficient age and maturity, courts may consider their preference. No factor is weighted equally, courts have discretion to emphasize different factors case by case.

Parenting schedules

Once parental rights and responsibilities are allocated, families commonly build the actual schedule around patterns like 2-2-3 or week on, week off. See what is a parenting plan for what a strong plan generally covers, how to choose a custody schedule for a general framework, and the custody schedule generator to build the actual calendar.

Moving with your child (relocation)

Under RSA 461-A:12, the parent who wishes to relocate must give the other parent written notice, with 60 days presumed reasonable in most cases. Shorter notice can be justified where the move protects the safety of the parent, child, or both, or where the current residence becomes unavailable due to circumstances beyond the parent's control. The relocation rules apply to any residence where the child resides at least 150 days a year, and don't apply if the move brings the child closer to the other parent or stays within the child's current school district. A parent generally can't relocate a child without a court order unless the move is necessary for safety, and either parent can request a hearing on the issue. See moving to another state with shared custody for how relocation standards tend to work more broadly across states.

Common questions

How is child support calculated? New Hampshire uses the income shares model under RSA 458-C: each parent's gross income is adjusted to reach adjusted gross income, both parents' adjusted incomes are combined and referenced against the guideline table, and each parent's share is allocated proportionally, ranging from 25.6% of combined net income for one child at lower incomes down to 19% at higher incomes, with medical support presumptively set at 4% of each parent's gross income.

Can a parental-rights order be changed later? Yes, generally on a showing of a substantial change in circumstances and that a modification serves the child's best interest.

What if my co-parent won't follow the order? You can file a motion for contempt or to enforce the order with the court. Courts can order makeup time and, in serious or repeated cases, hold a parent in contempt.

Practical considerations

Because New Hampshire's 150-day residence threshold and 60-day presumed notice period both matter for whether the relocation rules apply and how much lead time is required, review the specifics against your actual situation early, and discuss timing directly with a New Hampshire family law attorney. Whatever the order specifies, the operational part that follows it, keeping both households aligned on the same schedule, logging change requests instead of relying on memory, and keeping a record if an enforcement issue arises, is a separate, ongoing piece worth planning for.

Official New Hampshire resources

• RSA 461-A (Parental Rights and Responsibilities)
• RSA 461-A:12 (Relocation of a Residence of a Child)
• New Hampshire Child Support Guidelines

Related OnePage resources

• Custody schedule generator
• What is a parenting plan
• How to choose a custody schedule
• Moving to another state with shared custody

Related New Hampshire pages

• New Hampshire hub