Child Custody Agreement

NEW HAMPSHIRE PARENTAL RIGHTS AND RESPONSIBILITIES AGREEMENT

(Comprehensive Template – Court-Ready)

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. Parental Rights and Responsibilities 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. “Residential Responsibility Period” means a period assigned to a parent under the Parenting Schedule.
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.

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 Legal Residence for School Attendance. The Parties designate [address] as the Children's legal residence for school attendance, as permitted by RSA 461-A:4(II)(c).

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. RSA 461-A:12 applies to relocation of a residence in which the Children reside at least 150 days per year, except a move closer to the other parent or within the Children's current school district.
b. Court Order and Safety Exception. A parent shall not relocate the Children without a court order unless relocation is necessary to protect the safety of the parent or Children, or both.
c. Notice. The relocating parent shall provide reasonable written notice. Sixty days is presumed reasonable unless other factors are present or the Parties have a contrary written agreement; safety needs or circumstances beyond the parent's control may justify shorter notice.
d. Burdens. The relocating parent initially must prove a legitimate purpose and a location reasonable in light of that purpose by a preponderance of the evidence. If that burden is met, the other parent must prove by a preponderance of the evidence that the relocation is not in the Children's best interests.

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 parental rights and responsibilities under RSA 461-A:11 and injunctive relief without prior mediation.

6.4 Attorney’s Fees & Costs. A parent may request attorney’s fees and costs where authorized by statute, court rule, or other applicable law, including the expense provision in RSA 461-A:4-a(V) for unreasonable denial of or interference with parenting time.

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). Before agreeing to arbitrate any scheduling or expense issue, the Parties shall obtain New Hampshire legal advice regarding whether that issue may lawfully be arbitrated. The Court retains authority over parental rights and responsibilities and the Children's best interests.

8.5 Emergency Relief. Nothing herein limits either Party's ability to request ex parte temporary relief under RSA 461-A:9 or a restraining order under RSA 461-A:10 when the statutory requirements are met.

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.

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: ___________