NEW HAMPSHIRE CHILD CUSTODY AND PARENTING AGREEMENT

(Comprehensive Template – Court-Ready)

[// GUIDANCE: This template is drafted to comply with the New Hampshire Parental Rights and Responsibilities Act, N.H. Rev. Stat. Ann. ch. 461-A (“RSA 461-A”), and incorporates the State’s “best interest of the child” factors, parenting schedule requirements, and relocation rules. All bracketed text must be customized before execution.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. Child Custody and Parenting Agreement (the “Agreement”).

2. Parties.
   a. [Parent A Full Legal Name], of [Address] (“Parent A”); and
   b. [Parent B Full Legal Name], of [Address] (“Parent B”).

3. Child(ren). Collectively, the minor child(ren) of the Parties are:
   • [Child 1 Full Name], born [DOB];
   • [Child 2 Full Name], born [DOB];
   (each, a “Child,” and collectively, the “Children”).

4. Effective Date. This Agreement is effective as of [Effective Date] (the “Effective Date”).

5. Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of the State of New Hampshire, specifically RSA 461-A.

6. Recitals.
   WHEREAS, the Parties are the legal parents of the Children;
   WHEREAS, the Parties desire to allocate parental rights and responsibilities in the best interests of the Children; and
   WHEREAS, the Parties intend that this Agreement be incorporated into, and made an enforceable order of, the New Hampshire Circuit Court – Family Division (the “Family Court”).

II. DEFINITIONS

For purposes of this Agreement:

A. “Best Interest Factors” means the factors enumerated in N.H. Rev. Stat. Ann. § 461-A:6.
B. “Court” or “Family Court” means the New Hampshire Circuit Court – Family Division having proper venue.
C. “Holiday Parenting Schedule” has the meaning set forth in Section III.5.
D. “Legal Decision-Making” means the authority to make major decisions for the Child(ren) concerning education, healthcare (excluding emergency care), religion, and extracurricular activities.
E. “Mediation” means the alternative dispute resolution process described in Section VIII.3.
F. “Parenting Schedule” means the allocation of residential responsibility set forth in Section III.4.
G. “Primary Residential Parent” means the parent with whom the Children reside a majority of overnights during a calendar year.
H. “Relocation” has the meaning set forth in RSA 461-A:12 and Section V.4.
I. “School District” means the public school district in which the Children are enrolled on the Effective Date.

[// GUIDANCE: Add additional defined terms (alphabetically) as needed for unique family circumstances.]

III. OPERATIVE PROVISIONS

3.1 Legal Decision-Making.
a. Joint Allocation. The Parties shall share joint Legal Decision-Making, consistent with RSA 461-A:5, unless otherwise provided herein.
b. Tie-Breaking Mechanism. If the Parties cannot agree on a major decision after good-faith discussion and Mediation, either Party may petition the Court for determination.

3.2 Best Interest Standard. All rights and responsibilities set forth herein shall be exercised in a manner consistent with the Best Interest Factors. The Parties acknowledge that the welfare of the Children is paramount.

3.3 Primary Residential Parent. The Parties designate [Parent A / Parent B] as the Primary Residential Parent.

3.4 Parenting Schedule.
a. Regular Weekday/Weekend Schedule.
i. From [Day/Time] to [Day/Time], the Children shall reside with [Parent A / Parent B].
ii. From [Day/Time] to [Day/Time], the Children shall reside with [Parent B / Parent A].
b. Exchange Location: [Location or “at school release”].
c. Transportation Responsibility: [Parent responsible for pick-up/drop-off].
d. Make-Up Time: Missed parenting time due to a parent’s fault shall be made up within [X] days.

3.5 Holiday Parenting Schedule. Holiday time supersedes the Regular Parenting Schedule.
a. Odd-Numbered Years: [Parent A’s] holidays—[e.g., Thanksgiving, Spring Break].
b. Even-Numbered Years: [Parent B’s] holidays—[e.g., Christmas, July 4].
c. Mother’s Day/Father’s Day: With the respective parent.
d. Children’s Birthdays: [Allocation].

3.6 Summer Schedule. Each parent shall have [X] uninterrupted weeks during summer, selected by [Date] each year, with written notice to the other parent.

3.7 Communication.
a. Direct Contact: Parents shall communicate directly via [Method]; Children shall not be used as messengers.
b. Electronic Access: Both parents may communicate with the Children via video or telephone no more than [Frequency] per day when the Children are with the other parent.

3.8 Child Support & Expenses.
a. Statutory Support: Child support shall be calculated under RSA 458-C and set forth in a separate Child Support Order.
b. Extraordinary Expenses: Parents shall split extracurricular, unreimbursed medical, and educational expenses [Percentage Split].

3.9 Right of First Refusal. If either parent is unable to care for the Children for more than [X] consecutive hours during his or her scheduled time, that parent shall first offer the other parent the opportunity to care for the Children.

IV. REPRESENTATIONS & WARRANTIES

4.1 Parental Status. Each Party represents that he or she is a legal parent of the Children and has no knowledge of any pending legal action that would impair this Agreement.

4.2 Competency. Each Party warrants that he or she is mentally competent, not under duress, and has had the opportunity to consult independent counsel.

4.3 Disclosure. Each Party has disclosed all material information relating to the health, education, and welfare of the Children.

4.4 Survival. The representations and warranties herein shall survive execution and Court approval of this Agreement.

V. COVENANTS & RESTRICTIONS

5.1 Positive Parenting Covenants.
a. Nondisparagement: The Parties shall not disparage the other parent in the presence or hearing of the Children.
b. Information Sharing: Each parent shall provide the other with report cards, medical reports, and school notices within [X] days of receipt.

5.2 Substance Use. Neither parent shall consume alcohol to impairment or use illegal substances during parenting time. Prescription drugs shall be used only as prescribed.

5.3 Residence of Children. The Children shall reside only at the addresses specified herein unless otherwise agreed in writing or ordered by the Court.

5.4 Relocation.
a. Statutory Compliance. A parent seeking to relocate with the Children to a residence that would significantly impair the other parent’s parenting time must comply with the notice and objection procedures of RSA 461-A:12.
b. Notice. Written notice by certified mail at least [60] days prior to proposed Relocation, stating new address, schools, and proposed modified Parenting Schedule.
c. Failure to Object. If the non-relocating parent fails to file an objection within [30] days of receiving notice, the Relocation shall be deemed consented to, subject to Court approval.

5.5 Passports & Travel. Passports shall be held by [Parent]. International travel requires [X] days’ prior written notice and written consent of both Parties, which shall not be unreasonably withheld.

5.6 Firearms. All firearms in a parent’s residence shall be stored unloaded and locked in compliance with applicable law.

VI. DEFAULT & REMEDIES

6.1 Events of Default. The following constitute defaults:
a. Material violation of the Parenting Schedule without good cause;
b. Interference with the other parent’s decision-making authority;
c. Failure to comply with Relocation procedures;
d. Any act that endangers the physical or emotional safety of the Children.

6.2 Notice & Cure. Except in emergencies, the non-defaulting parent shall provide written notice describing the default and allow [72] hours to cure.

6.3 Graduated Remedies.
a. First Violation: Mediation (Section VIII.3).
b. Second Violation: Motion for Contempt in Family Court; make-up parenting time.
c. Third or Material Violation: The non-defaulting parent may seek modification of custody under RSA 461-A:11 and injunctive relief without prior mediation.

6.4 Attorney’s Fees & Costs. A prevailing parent in any enforcement action shall be entitled to reasonable attorney’s fees and costs.

VII. RISK ALLOCATION

7.1 Indemnification – Child Welfare Priority. Each parent (the “Indemnifying Parent”) shall indemnify, defend, and hold harmless the other parent and the Children (the “Indemnified Parties”) against all claims, damages, or losses arising out of:
a. The Indemnifying Parent’s willful misconduct, negligence, or violation of law during parenting time;
b. Failure to obtain necessary medical treatment for the Children;
c. Unauthorized international or interstate travel with the Children.

7.2 No Liability Caps. Nothing herein limits a Party’s liability for harm to the Children.

7.3 Insurance. Each parent shall maintain health insurance for the Children as ordered by the Court and shall name the Children as beneficiaries on any existing life insurance policies of [minimum coverage amount].

7.4 Force Majeure. Parenting obligations may be temporarily suspended by events beyond reasonable control, including natural disasters or pandemic-related government orders, provided the affected parent gives prompt notice and proposes reasonable make-up parenting time.

VIII. DISPUTE RESOLUTION

8.1 Governing Law. New Hampshire law, including RSA 461-A, governs all disputes.

8.2 Forum Selection. Exclusive jurisdiction lies in the Family Court.

8.3 Mediation (Mandatory Pre-Litigation).
a. Process. Parties shall engage a certified family mediator within [15] days of a dispute.
b. Exceptions. Mediation is waived in emergencies or allegations of domestic violence.

8.4 Arbitration (Limited Availability). By mutual written agreement after a dispute arises, the Parties may submit discrete scheduling or expense allocation issues to binding arbitration under RSA 542, but matters affecting Legal Decision-Making or primary residential responsibility are non-arbitrable.

8.5 Injunctive Relief. Nothing herein limits either Party’s right to seek emergent injunctive relief—including ex parte relief—where the welfare of the Children is at imminent risk, consistent with RSA 461-A:5-b.

8.6 Jury Waiver. Inapplicable; family law matters in New Hampshire are tried without a jury.

IX. GENERAL PROVISIONS

9.1 Amendments. Any modification must be in a written instrument signed by both Parties and approved by the Court.

9.2 Waiver. A waiver of any breach does not constitute a waiver of subsequent breaches.

9.3 Assignment. Parental rights and responsibilities are personal and may not be assigned.

9.4 Severability. If any provision is held invalid, the remainder shall remain in full force, and the invalid provision shall be reformed to conform with applicable law.

9.5 Entire Agreement. This Agreement represents the complete understanding of the Parties regarding custody and supersedes all prior agreements.

9.6 Successors. This Agreement binds the Parties and their respective heirs and legal representatives.

9.7 Counterparts; Electronic Signatures. This Agreement may be executed in counterparts, each deemed an original. Signatures transmitted electronically (e.g., PDF or e-signature platform) shall be deemed originals.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date.

[// GUIDANCE: New Hampshire requires notarization of parenting plans only when specified by the Court. If notarization is required, include the following block for each parent.]

State of New Hampshire
County of [______]

On this _ day of _, 20__, before me, the undersigned Notary Public, personally appeared [Parent Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to this instrument, and acknowledged executing the same.

Notary Public
My Commission Expires: _____

[// GUIDANCE: File this executed Agreement, along with the Judicial Branch’s standard Parenting Plan cover sheet, in the appropriate Family Division docket. Upon approval, the Agreement becomes a binding court order enforceable under RSA 461-A.]