New Hampshire Parenting Plan

NEW HAMPSHIRE PARENTING PLAN

Pursuant to RSA 461-A:4

STATE OF NEW HAMPSHIRE
CIRCUIT COURT — FAMILY DIVISION
[________________________________] County

Case No.: [________________________________]

In the Matter of:
[________________________________] (Parent A / Petitioner)
and
[________________________________] (Parent B / Respondent)

IMPORTANT: New Hampshire does not use the terms "custody" or "visitation." Under RSA 461-A, the correct terms are "parental rights and responsibilities," "residential responsibility," and "decision-making responsibility." This Parenting Plan uses NH-specific terminology throughout.

SECTION 1: CHILDREN SUBJECT TO THIS PLAN

SECTION 2: MANDATORY PARENTING EDUCATION — CHILD IMPACT PROGRAM

Pursuant to RSA 458-D, both parents are required to attend the four-hour Child Impact Program (CIP) administered through approved providers. Parents must register no later than 45 days after service on the respondent and should complete the program before the First Appearance.

☐ Parent A has completed the Child Impact Program.

• Provider: [________________________________]
• Date of Completion: [__/__/____]
• Certificate Number: [________________________________]

☐ Parent B has completed the Child Impact Program.

• Provider: [________________________________]
• Date of Completion: [__/__/____]
• Certificate Number: [________________________________]

☐ Parent A has registered for the Child Impact Program (date: [__/__/____]).
☐ Parent B has registered for the Child Impact Program (date: [__/__/____]).

Note: The current fee is $85.00 per parent, payable to the program provider. Fee reductions may be available based on financial need. Failure to attend may result in court-ordered sanctions, fines, or contempt findings.

SECTION 3: DECISION-MAKING RESPONSIBILITY (RSA 461-A:5)

Under RSA 461-A:5, there is a presumption that joint decision-making responsibility is in the best interest of minor children, unless rebutted by evidence of abuse (RSA 173-B:1, I) or other factors.

3.1 Allocation of Decision-Making Responsibility

☐ Joint Decision-Making Responsibility — Both parents share equally in making major decisions regarding the children. Major decisions require mutual agreement after good-faith consultation.

☐ Sole Decision-Making Responsibility to Parent A — Parent A shall have sole authority to make major decisions.

☐ Sole Decision-Making Responsibility to Parent B — Parent B shall have sole authority to make major decisions.

☐ Divided Decision-Making Responsibility — Decision-making is allocated by subject area as follows:

3.2 Decision-Making Process

When joint decision-making applies:

1. The parent identifying the need shall notify the other parent in writing (email, text, or co-parenting application).
2. Parents shall discuss the matter in good faith within [____] days of notification.
3. If parents cannot agree, they shall submit the dispute to mediation per RSA 461-A:7 before petitioning the Court (unless a domestic violence finding exists under RSA 173-B).
4. Emergency decisions: The parent with residential responsibility at the time of the emergency may make immediate medical or safety decisions. That parent shall notify the other parent as soon as practicable but no later than 24 hours after the emergency.

3.3 Day-to-Day Decisions

Each parent shall make routine day-to-day decisions (meals, bedtime, homework, discipline, daily activities) during that parent's period of residential responsibility without consultation with the other parent.

SECTION 4: RESIDENTIAL RESPONSIBILITY SCHEDULE

Note: Under RSA 461-A:4, neither parent shall be designated as the "primary residential parent" or described as having the child "reside primarily" with them when joint decision-making responsibility is allocated.

4.1 Legal Residence for School Enrollment

The children's legal residence for purposes of school enrollment shall be:
[________________________________]
[________________________________]
[________________________________]

4.2 Regular Parenting Schedule

☐ Option A: Approximately Equal Residential Responsibility (Week On / Week Off)

• Parent A: Seven consecutive days from [____] at [____] AM/PM to [____] at [____] AM/PM
• Parent B: The following seven consecutive days on the same schedule
• Schedule alternates weekly

☐ Option B: Approximately Equal Residential Responsibility (2-2-3 Rotation)

• Monday–Tuesday: Parent [____]
• Wednesday–Thursday: Parent [____]
• Friday–Sunday: Alternating (Parent A on Week 1, Parent B on Week 2)

☐ Option C: Residential Responsibility Primarily with One Parent

• The children shall reside primarily with Parent [____]
• The other parent shall have the following parenting schedule:
• Alternating weekends: [____] at [____] to [____] at [____]
• Midweek: [____] from [____] to [____]

☐ Option D: Custom Schedule

Parent A's Residential Responsibility:
[________________________________]
[________________________________]
[________________________________]

Parent B's Residential Responsibility:
[________________________________]
[________________________________]
[________________________________]

4.3 Holiday and Special Occasion Schedule

Holidays supersede the regular parenting schedule. Parents shall alternate as follows:

Additional religious or cultural observances:
[________________________________]

4.4 Summer Vacation Schedule

☐ The regular schedule continues through the summer.
☐ The summer schedule differs as follows:

• Parent A: [____] consecutive/non-consecutive weeks, to be selected by [__/__/____] each year with [____] days' written notice.
• Parent B: [____] consecutive/non-consecutive weeks, to be selected by [__/__/____] each year with [____] days' written notice.
• Summer parenting time shall not conflict with the other parent's pre-scheduled vacation weeks.

4.5 School In-Service Days and Snow Days

☐ Follow the regular parenting schedule.
☐ The parent who had the child(ren) the previous night retains responsibility.
☐ Other: [________________________________]

SECTION 5: EXCHANGES AND TRANSPORTATION

5.1 Exchange Location

☐ At the children's school (drop-off/pick-up)
☐ At Parent A's residence: [________________________________]
☐ At Parent B's residence: [________________________________]
☐ At a neutral location: [________________________________]
☐ At a supervised exchange location: [________________________________]

5.2 Transportation Responsibility

☐ The receiving parent picks up the children.
☐ The delivering parent drops off the children.
☐ Parents share transportation equally.
☐ Other: [________________________________]

5.3 Exchange Conduct

Both parents shall:

• Be punctual (within 15 minutes of the scheduled time)
• Keep exchanges brief and conflict-free
• Not question the children about the other parent's household
• Ensure the children have appropriate clothing, medications, and personal items

SECTION 6: COMMUNICATION

6.1 Parent-to-Parent Communication

Parents shall communicate regarding the children through:
☐ Email
☐ Text message
☐ Co-parenting application (e.g., OurFamilyWizard, TalkingParents)
☐ Other: [________________________________]

Communication shall be respectful, child-focused, and limited to parenting matters.

6.2 Parent-Child Communication

Each parent shall facilitate reasonable telephone and/or video communication between the children and the other parent during that parent's residential responsibility period.

• Frequency: [________________________________]
• Preferred times: [________________________________]
• The parent with residential responsibility shall not monitor, record, or interfere with these communications.

6.3 Information Sharing and Access to Records

Pursuant to RSA 461-A (as amended by HB 1659, effective January 1, 2025), both parents shall have access to records and information pertaining to the minor children, including medical, dental, and school records, unless this Plan or a court order specifically provides otherwise.

Both parents shall:

• Be listed as emergency contacts at school and with healthcare providers
• Receive copies of report cards, progress reports, and school notices
• Have access to the children's medical, dental, and mental health records
• Be notified of parent-teacher conferences, school events, and extracurricular activities
• Share information about the children's health, behavior, and emotional well-being

6.4 Non-Disparagement

Neither parent shall make negative, derogatory, or disparaging remarks about the other parent (or that parent's family or household members) in the presence or hearing of the children.

SECTION 7: RELOCATION (RSA 461-A:12)

7.1 Notice Requirements

A parent shall not relocate the residence of a child without a court order, unless the relocation:

• Results in the residence being closer to the other parent; or
• Is to any location within the child's current school district.

Sixty (60) days' written notice is presumed reasonable prior to any proposed relocation.

7.2 Contents of Relocation Notice

Written relocation notice shall include:

1. The proposed new address
2. The reason for the proposed relocation
3. A proposed revised parenting schedule
4. The date of the proposed move

7.3 Burden of Proof

The parent seeking to relocate bears the initial burden of demonstrating by a preponderance of the evidence that:

• The relocation is for a legitimate purpose; and
• The proposed location is reasonable in light of that purpose.

7.4 Court Determination

If the non-relocating parent objects, the matter shall be submitted to the Court. The Court shall consider the factors set forth in RSA 461-A:12 in determining whether the relocation is in the best interest of the children. Until a court order is issued, the current parenting plan remains in effect.

SECTION 8: DISPUTE RESOLUTION (RSA 461-A:7)

8.1 Good-Faith Discussion

Parents shall first attempt to resolve disputes through direct, good-faith discussion.

8.2 Mediation

If direct discussion fails, the parents shall submit the dispute to mediation with a qualified family mediator before filing any motion with the Court.

☐ The parents agree to use the following mediator: [________________________________]
☐ The parents shall select a mediator from the NH Circuit Court Family Division mediation roster.

Cost of mediation: ☐ Shared equally ☐ Allocated [____]% Parent A / [____]% Parent B

Domestic Violence Exception (RSA 461-A:7): The Court shall not order mediation if there is a finding of domestic violence as defined in RSA 173-B:1, unless all parties voluntarily agree to mediation.

8.3 Guardian ad Litem (RSA 461-A:16)

Either parent may request, or the Court may on its own motion appoint, a Guardian ad Litem (GAL) when the Court has reason for special concern regarding the welfare of the children. The GAL's role is to gather information and make recommendations to the Court regarding the children's best interests.

8.4 Court Filing

If mediation is unsuccessful, either parent may file a motion with the Circuit Court, Family Division, in [________________________________] County.

SECTION 9: DOMESTIC VIOLENCE CONSIDERATIONS (RSA 173-B; RSA 461-A:6(I)(j))

☐ There are no allegations or findings of domestic violence in this matter.

☐ There is a current or prior Domestic Violence Protective Order issued under RSA 173-B:

• Case No.: [________________________________]
• Date Issued: [__/__/____]
• Expiration Date: [__/__/____]

☐ There has been a finding of abuse as defined in RSA 173-B:1, I. Pursuant to RSA 461-A:5(III), the Court shall consider such abuse as harmful to children and as evidence in determining whether joint decision-making responsibility is appropriate.

Safety provisions (if applicable):
☐ Supervised exchanges at [________________________________]
☐ No direct parent-to-parent contact; all communication through [________________________________]
☐ Supervised parenting time at [________________________________]
☐ Other: [________________________________]

SECTION 10: ADDITIONAL PROVISIONS

10.1 Child's Preference

Pursuant to RSA 461-A:6(I)(e), the Court may consider the preference of the child if the child is old enough to express a meaningful preference. The parents acknowledge that:
☐ The child(ren) are too young to express a meaningful preference.
☐ The child(ren) have expressed preferences that have been considered in developing this Plan.

10.2 Substance Use

Neither parent shall consume alcohol to the point of impairment or use illegal substances during residential responsibility or within [____] hours prior to the start of a residential responsibility period.

10.3 Firearms Safety

All firearms shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the children, in compliance with safe storage laws.

10.4 Introduction of New Partners

If either parent enters into a new romantic relationship, that parent shall introduce the new partner to the children gradually and only after the relationship has become stable and significant.

10.5 Consistency Across Households

Parents shall make reasonable efforts to maintain consistent expectations for homework, bedtime, screen time, and behavior across both households.

10.6 Extracurricular Activities

☐ Both parents must agree before enrolling a child in a new extracurricular activity.
☐ Either parent may enroll a child in extracurricular activities during that parent's residential responsibility.
☐ Other: [________________________________]

Both parents shall make reasonable efforts to ensure the children attend scheduled activities regardless of which parent has residential responsibility.

10.7 Right of First Refusal

If either parent is unavailable to care for the children for more than [____] consecutive hours during that parent's residential responsibility, that parent shall first offer the time to the other parent before arranging third-party childcare.

☐ Right of first refusal applies.
☐ Right of first refusal does not apply.

10.8 Travel

• In-state travel: No prior notice required.
• Out-of-state travel: The traveling parent shall provide [____] days' written notice, including destination, dates, and contact information.
• International travel: Requires written consent of both parents or court order. The traveling parent shall provide the other parent with a complete itinerary, copies of travel documents, and emergency contact information at least [____] days in advance.
• Passports: ☐ Both parents consent to issuance of passports. ☐ Passports shall be held by [________________________________].

10.9 Health Insurance

☐ Parent A shall maintain health, dental, and vision insurance for the children.
☐ Parent B shall maintain health, dental, and vision insurance for the children.
☐ Both parents shall maintain coverage.

Unreimbursed medical, dental, and mental health expenses shall be allocated:
☐ Equally (50/50)
☐ Proportionally to income: Parent A [____]% / Parent B [____]%

SECTION 11: BEST INTEREST FACTORS — RSA 461-A:6

The parents acknowledge that this Plan was developed with consideration of the following best interest factors enumerated in RSA 461-A:6(I):

(a) The relationship of the child with each parent and the ability of each parent to provide nurture, love, affection, and guidance;
(b) The ability of each parent to assure adequate food, clothing, shelter, medical care, and a safe environment;
(c) The child's developmental needs and each parent's ability to meet them;
(d) The quality of the child's adjustment to school and community and the potential effect of any change;
(e) The ability and disposition of each parent to foster a positive relationship and frequent and continuing contact with the other parent;
(f) The support of each parent for the child's contact with the other parent, including whether contact is likely to result in harm;
(g) The support of each parent for the child's relationship with the other parent;
(h) The relationship of the child with other significant persons;
(i) The ability of the parents to communicate, cooperate, and make joint decisions;
(j) Any evidence of abuse as defined in RSA 173-B:1, I or RSA 169-C:3, II;
(k) If a parent is incarcerated, the reason for and length of incarceration;
(l) The policy of the state as described in RSA 461-A:2; and
(m) Any other factors the Court deems relevant.

SECTION 12: MODIFICATION (RSA 461-A:11)

This Parenting Plan may be modified:

1. By agreement of both parents, filed with and approved by the Court; or
2. By court order upon a finding that modification is warranted under RSA 461-A:11, including:
   - The child's present environment is detrimental (clear and convincing evidence standard);
   - A parent's relocation has changed travel time such that the current order is not in the child's best interest;
   - A substantial change in a parent's work schedule;
   - The child's age-based needs have changed (if at least 5 years since the prior order);
   - Modification of any other section of the Plan based on the best interest of the child.

The burden of proof is on the parent seeking modification.

SECTION 13: COURT INFORMATION AND FILING

This Parenting Plan shall be filed with:

New Hampshire Circuit Court — Family Division
[________________________________] County
Court Address: [________________________________]
Case Number: [________________________________]

☐ This Plan is filed as part of a Joint Parenting Petition (NHJB-2077-F).
☐ This Plan is filed as part of an Individual Parenting Petition (NHJB-2075-F).
☐ This Plan is filed as part of a Divorce/Legal Separation proceeding.
☐ This Plan is a modification of a prior Parenting Plan dated [__/__/____].

SECTION 14: EXECUTION

We, the undersigned parents, have read this Parenting Plan, understand its contents, and agree to abide by its terms. We acknowledge that this Plan was entered into voluntarily and without coercion, and that it serves the best interests of our children.

PARENT A:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

PARENT B:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

ACKNOWLEDGMENT

STATE OF NEW HAMPSHIRE
County of [________________________________]

On [__/__/____], before me, [________________________________], a Notary Public / Justice of the Peace, personally appeared the above-named Parent A and Parent B, known to me (or proved on the basis of satisfactory evidence) to be the persons whose names are subscribed herein, and acknowledged that they executed this Parenting Plan voluntarily.

Signature: _________________________________
Notary Public / Justice of the Peace
My Commission Expires: [__/__/____]

[Seal]

COURT APPROVAL

ORDER

The Court, having reviewed the foregoing Parenting Plan and finding that it is in the best interests of the minor child(ren), consistent with RSA 461-A, and entered into voluntarily by both parents, hereby APPROVES this Parenting Plan and orders that it be incorporated into the decree of this Court.

☐ The Plan is approved as submitted.
☐ The Plan is approved with the following modifications: [________________________________]

Date: [__/__/____]

_________________________________
Judge / Marital Master
New Hampshire Circuit Court — Family Division
[________________________________] County

SOURCES AND REFERENCES

• RSA 461-A — Parental Rights and Responsibilities Act: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-mrg.htm
• RSA 461-A:4 — Parenting Plans; Contents: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-4.htm
• RSA 461-A:5 — Decision-Making Responsibility: https://law.justia.com/codes/new-hampshire/2023/title-xliii/chapter-461-a/section-461-a-5/
• RSA 461-A:6 — Best Interest Factors: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-6.htm
• RSA 461-A:7 — Mediation: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-mrg.htm
• RSA 461-A:11 — Modification: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-11.htm
• RSA 461-A:12 — Relocation: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-12.htm
• RSA 461-A:16 — Guardian ad Litem: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-16.htm
• RSA 458-D — Child Impact Program: https://www.courts.nh.gov/our-courts/circuit-court/family-division/child-impact-program
• RSA 173-B — Domestic Violence Protective Orders: https://gc.nh.gov/rsa/html/xii/173-b/173-b-mrg.htm
• NH Circuit Court Family Division — Forms: https://www.courts.nh.gov/our-courts/circuit-court/family-division/forms
• NH Circuit Court Family Division — How to File a Parenting Petition: https://www.courts.nh.gov/our-courts/circuit-court/family-division/divorceparenting/how-file-parenting-petition
• Circuit Court Rule 2.18 — Parenting Plans: https://www.courts.nh.gov/rules-circuit-court-state-new-hampshire-family-division/rule-218-parenting-plans