Child Custody Agreement - New Hampshire

Child Custody Agreement and Proposed Parenting Plan

New Hampshire Circuit Court, Family Division, [COUNTY / LOCATION]

Case number: [________________________________]

Date signed: [__/__/____]

Before you use this: Complete the schedule for each child and identify any safety order. Rule 2.18(A)(3) permits a party-created parenting plan if it follows the required paragraph order below. File the signed plan as a separate document for court review. RSA 461-A:4(I), (VI); N.H. Circuit Court Family Division Rule 2.18(A)(3)-(4), (B).

Parent A, [FULL NAME], and Parent B, [FULL NAME], request the parental rights and responsibilities set out below. Existing parenting, support, and protection orders govern until changed by the court.

Parents, children, and existing orders

Existing parenting, support, protection, or guardianship order; court, case number, and date: [________________________________].

A. Decision-Making Responsibility

(i) Major Decisions

Proposed allocation: ☐ Joint decision-making ☐ Parent A for listed subjects ☐ Parent B for listed subjects ☐ Child-specific allocation [________________________________]. The court considers the child's best interests and any abuse finding under RSA 461-A:5–:6.

(ii) Day-to-Day Decisions

The parent caring for a child during that parent's scheduled time makes routine daily decisions, subject to the court's order. Necessary emergency decisions may be made by the parent then caring for the child, with notice to the other parent as soon as reasonably practicable, subject to any safety order.

(iii) Other

When a joint decision cannot be reached after consultation by [METHOD], either parent may seek court direction. Other decision-making terms: [________________________________].

B. Residential Responsibility and Parenting Schedule

(i) Routine Schedule

Schedule starts [__/__/____] and repeats as follows: [________________________________]. The parents will describe each child's periods in enough detail to be followed and enforced. RSA 461-A:4(VI).

(ii) Holiday and Birthday Planning

A completed holiday period overrides the routine schedule. An unfilled period follows the routine schedule.

(iii) Three-Day Weekends

Allocation, start and end times, and exchange details: [________________________________]. If this paragraph is not used, enter N/A: [____].

(iv) Vacation Schedule

Summer and school-closing schedule: [________________________________]. Vacation selection method, lead time, and conflict rule: [________________________________]. Travel details: [________________________________]. If this paragraph is not used, enter N/A: [____].

(v) Supervised Parenting Time

Proposed supervisor, place, schedule, cost allocation, and safety conditions: [________________________________]. Relevant protection order or safety issue, case number, and controlling terms: [________________________________]. No term here authorizes contact prohibited by another order. If this paragraph is not used, enter N/A: [____].

(vi) Other Parental Responsibilities

Optional first offer of care if a parent will be unavailable for more than [____] hours: offer method [____________], response time [____], exceptions [________________________________]. Other terms or N/A: [________________________________].

C. Legal Residence of a Child for School Attendance

Child's legal residence for school attendance, if the parents propose one: [________________________________]. If joint decision-making is proposed, the plan must include each parent's legal residence unless the court makes the safety or best-interest finding described in RSA 461-A:4(IV). Protected-address request and related order: [________________________________].

D. Transportation and Exchange of the Children

Primary exchange place: [________________________________]. Backup or protected exchange place: [________________________________].

Transport: ☐ Receiving parent picks up ☐ Departing parent delivers ☐ School or care provider exchange ☐ Other: [________________________________].

Travel requiring air, ferry, or long road transport; ticket, cost, escort, and delay arrangements: [________________________________].

E. Information Sharing and Access, Including Telephone and Electronic Access

The parents will exchange material school, health, and activity information by [METHOD / AGREED TIME: ________________________________], subject to any safety restriction.

(i) Parent-Child Telephone Contact

Contact during the other parent's time: [FREQUENCY / TIMES / METHOD: ________________________________].

(ii) Parent-Child Written Communication

Mail, text, email, or other written contact: [METHOD / FREQUENCY / SAFETY LIMIT: ________________________________].

F. Relocation of a Residence of a Child

RSA 461-A:12 applies after a parenting or divorce petition is filed to a proposed move of a residence where the child lives at least 150 days a year, except a move closer to the other parent or within the child's current school district. Where it applies, a parent may not relocate the child without a court order unless relocation is necessary to protect the safety of the parent or child. Reasonable advance notice is required; 60 days is presumed reasonable unless statutory factors or a contrary written agreement apply. This agreement does not serve as a future relocation notice or court order.

Proposed notice contact and safe delivery method: [________________________________].

G. Procedure for Review and Adjustment of Parenting Plan

The parents may record a practical schedule adjustment in writing. A permanent court-ordered plan is modified under RSA 461-A:11, including its agreed-modification route and other statutory grounds; signing this agreement alone does not modify an existing order.

Proposed review date and contact method, or N/A: [________________________________].

H. Methods for Resolving Disputes

For an ordinary disagreement, the parents may communicate by [METHOD]. The court may order mediation in a disputed case under RSA 461-A:7, subject to that section's safety limits. This agreement imposes no private waiting period before a needed court request.

I. Other Parenting Agreements Attached

Other parenting terms or attached agreements, identified by title and date, or N/A: [________________________________].

Child support, health coverage, and shared expenses are governed by: ☐ Existing order, case [____________] ☐ Separate proposal submitted with this plan ☐ Court determination requested. This agreement does not itself change a support order.

Court submission and signatures

The parents submit this as: ☐ an agreed initial plan ☐ a proposed modification of the order dated [__/__/____] ☐ a proposed plan for court review. They ask the court to approve completed terms that serve each child's best interests and the parties' safety. RSA 461-A:4, :6.

Each parent confirms that the completed choices express that parent's proposed terms and that the parent received a copy.

Parent A signature: [________________________________] Date: [__/__/____]

Printed name: [________________________________]

Parent B signature: [________________________________] Date: [__/__/____]

Printed name: [________________________________]

For court use: ☐ Approved and incorporated, subject to these changes: [________________________________] ☐ Considered; a separate order states different terms.

Judge: [________________________________] Order date: [__/__/____]

Sources and References

• RSA Chapter 461-A, Parental Rights and Responsibilities
• N.H. Circuit Court Family Division Rule 2.18, Parenting Plans