New Hampshire Sole Parental Rights and Responsibilities Agreement

AGREEMENT FOR SOLE PARENTAL RIGHTS AND RESPONSIBILITIES

Pursuant to RSA 461-A

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

Case No.: [________________________________]

In the Matter of:
[________________________________] ("Parent with Sole Responsibility" or "Residential Parent")
and
[________________________________] ("Other Parent")
(collectively, the "Parents" or "Parties")

NEW HAMPSHIRE TERMINOLOGY: Under RSA 461-A, New Hampshire does not use "custody" or "visitation." This Agreement uses NH statutory terms: "sole decision-making responsibility" (exclusive authority over major decisions) and "residential responsibility" (where the child primarily resides). The other Parent has "parenting time" — not "visitation rights."

IMPORTANT: RSA 461-A:5 creates a presumption that joint decision-making is in the best interest of minor children. Sole decision-making responsibility is appropriate only where this presumption is rebutted — typically by evidence of domestic violence (RSA 173-B), inability to cooperate, substance abuse, incarceration, or other factors under RSA 461-A:6.

ARTICLE 1: PARTIES, CHILDREN, AND BACKGROUND

1.1 Children Subject to This Agreement

(Each individually a "Child," collectively the "Children.")

1.2 Procedural Context

This Agreement is submitted to the New Hampshire Circuit Court, Family Division, in [________________________________] County as part of:

☐ A Joint Parenting Petition (NHJB-2077-F)
☐ An Individual Parenting Petition (NHJB-2075-F)
☐ A Divorce or Legal Separation proceeding
☐ A modification of a prior order dated [__/__/____]

1.3 Effective Date

This Agreement shall become effective upon approval by the Court and entry of an order incorporating its terms.

1.4 Parenting Education Compliance (RSA 458-D)

Both Parents are required to attend the mandatory four-hour Child Impact Program:

☐ Residential Parent — Completed on [__/__/____]; Certificate attached
☐ Residential Parent — Registered; scheduled for [__/__/____]
☐ Other Parent — Completed on [__/__/____]; Certificate attached
☐ Other Parent — Registered; scheduled for [__/__/____]
☐ Other Parent has been exempted by court order dated [__/__/____]

1.5 Basis for Sole Responsibility

The Parents agree, or the Court has found, that sole decision-making responsibility and primary residential responsibility with the Residential Parent is in the Children's best interests because (check all that apply):

☐ There has been a finding of domestic violence under RSA 173-B:1, I, and joint decision-making is not appropriate per RSA 461-A:5(III)
☐ The Other Parent has a history of substance abuse that impairs parenting capacity
☐ The Parents are unable to communicate or cooperate sufficiently for joint decision-making (RSA 461-A:6(I)(i))
☐ The Other Parent is incarcerated (RSA 461-A:6(I)(k))
☐ The Other Parent resides at a distance that makes shared residential responsibility impractical
☐ The Other Parent has voluntarily agreed to this arrangement
☐ Other (specify): [________________________________]
☐ The Court made specific findings on the record on [__/__/____]

ARTICLE 2: SOLE DECISION-MAKING RESPONSIBILITY (RSA 461-A:5)

2.1 Allocation

The Residential Parent shall have sole decision-making responsibility for all major decisions affecting the Children, including:

• Education: School enrollment, transfers, special education (IEP/504 plans), tutoring, homeschooling decisions
• Healthcare: Selection of physicians, dentists, and specialists; authorization of non-emergency medical procedures; medications; surgical decisions
• Mental Health: Counseling, therapy, psychiatric evaluation, and medication decisions
• Religious Upbringing: Religious education, ceremonies, and observances
• Extracurricular Activities: Enrollment in programs, sports, and activities
• Travel: Authorization of out-of-state and international travel
• Legal Matters: Decisions regarding legal proceedings on behalf of the Children

2.2 Notification to Other Parent

Although the Residential Parent has sole decision-making authority, the Residential Parent:

☐ Shall notify the Other Parent in advance of major decisions and consider the Other Parent's input, though the Residential Parent retains final authority.
☐ Shall notify the Other Parent within [____] days after making major decisions.
☐ Is not required to notify or consult the Other Parent regarding major decisions (appropriate only in cases involving safety concerns or court order).

2.3 Emergency Decisions

Either Parent may make emergency medical or safety decisions for the Children during that Parent's parenting time. The Parent making the emergency decision shall notify the other Parent as soon as practicable, but no later than 24 hours after the event.

2.4 Day-to-Day Decisions

Each Parent shall make routine daily decisions (meals, clothing, bedtime, homework, reasonable discipline, daily activities) during that Parent's period of parenting time without need for consultation.

ARTICLE 3: RESIDENTIAL RESPONSIBILITY AND PARENTING SCHEDULE

3.1 Primary Residential Responsibility

The Children shall reside primarily with the Residential Parent at:

Address: [________________________________]
[________________________________]

This address shall serve as the Children's legal residence for school enrollment, correspondence, and governmental purposes.

3.2 Other Parent's Parenting Time Schedule

The Other Parent shall have parenting time with the Children according to the following schedule:

☐ Option A: Standard Parenting Time

• Alternating weekends: Friday at [____] to Sunday at [____]
• One midweek period: [____] from [____] to [____]
• [____] weeks during summer vacation with [____] days' written notice
• Alternating holidays per Section 3.4

☐ Option B: Extended Parenting Time

• Alternating weekends: Friday at [____] to Monday morning (school drop-off)
• Two midweek periods: [____] and [____] from [____] to [____]
• [____] weeks during summer (may be consecutive) with [____] days' written notice
• Alternating holidays per Section 3.4

☐ Option C: Supervised Parenting Time

• Frequency: [________________________________]
• Duration: [________________________________]

• Location: ☐ Approved supervised visitation center: [________________________________]
  ☐ In the presence of approved supervisor: [________________________________]

• Conditions:
  ☐ Substance abuse testing prior to each visit
  ☐ Completion of parenting classes
  ☐ Therapeutic supervision
  ☐ Other: [________________________________]

• Review of supervision requirements every [____] months

• Supervision costs shall be paid by: ☐ Other Parent ☐ Shared equally ☐ Other: [________________________________]

☐ Option D: Graduated/Step-Up Parenting Time

• Phase 1 (Months 1–[____]): [________________________________]
• Phase 2 (Months [____]–[____]): [________________________________]
• Phase 3 (Months [____]+): [________________________________]
• Advancement to each phase requires: [________________________________]

☐ Option E: Custom Schedule
[________________________________]
[________________________________]
[________________________________]

3.3 Exchange Arrangements

Exchange Location:
☐ Children's school
☐ Residential Parent's home: [________________________________]
☐ Neutral location: [________________________________]
☐ Supervised exchange site: [________________________________]

Transportation:
☐ The Other Parent picks up and returns the Children.
☐ The Residential Parent provides transportation.
☐ Shared: [________________________________]
☐ Other: [________________________________]

Exchange Conduct:

• Exchanges shall be brief, cordial, and conflict-free.
• Parents shall be punctual. A parent delayed more than [____] minutes shall notify the other.
• The Children shall have appropriate clothing, medications, school materials, and personal items.
• Neither Parent shall interrogate the Children about the other household.

3.4 Holiday Schedule

Holidays supersede the regular parenting schedule:

3.5 Summer Vacation

The Other Parent shall have [____] weeks of summer parenting time:
☐ Consecutive weeks permitted
☐ Non-consecutive weeks only
☐ Not to exceed [____] consecutive days

Written notice of selected dates shall be provided by [__/__/____] each year. Summer parenting time shall not conflict with pre-planned activities, camps, or programs previously agreed upon.

ARTICLE 4: COMMUNICATION AND RECORDS ACCESS

4.1 Parent-to-Parent Communication

Parents shall communicate through:
☐ Email
☐ Text
☐ Co-parenting application ([________________________________])
☐ Through attorneys only (if safety concerns require no direct contact)
☐ Other: [________________________________]

4.2 Parent-Child Communication

The Residential Parent shall facilitate reasonable telephone and/or video communication between the Children and the Other Parent:

• Frequency: [________________________________]
• Times: [________________________________]
• The Residential Parent shall not monitor, record, or interfere with communications unless a court order specifically permits monitoring.

4.3 Access to Records (RSA 461-A, as amended 2025)

Pursuant to 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 Agreement or a court order specifically provides otherwise.

☐ Both Parents shall have full access to all Children's records.
☐ The Other Parent's access to records is restricted as follows: [________________________________]

The Residential Parent shall:

• Provide copies of report cards and progress reports within [____] days of receipt
• Notify the Other Parent of parent-teacher conferences and school events
• Share information about the Children's health, significant behavioral changes, and developmental milestones

4.4 Emergency Notification

The Residential Parent shall notify the Other Parent within [____] hours of:

• Any emergency, serious illness, or injury involving the Children
• Any hospitalization
• Any involvement with law enforcement or child protective services (DCYF)
• Any school disciplinary action

4.5 Non-Disparagement

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

ARTICLE 5: RELOCATION (RSA 461-A:12)

5.1 Residential Parent Relocation

The Residential Parent shall provide the Other Parent with at least sixty (60) days' written notice before any proposed relocation of the Children's residence, unless the relocation:

• Results in the residence being closer to the Other Parent; or
• Is within the Children's current school district.

The notice shall include the proposed new address, reason for the move, proposed revised parenting schedule, and date of the proposed relocation.

5.2 Court Approval Required

A Parent shall not relocate the Children's residence without a court order, except as provided above. The relocating Parent bears the burden of demonstrating by a preponderance of the evidence that the relocation is for a legitimate purpose and the proposed location is reasonable.

5.3 Other Parent's Relocation

If the Other Parent relocates to a distance that makes the existing parenting schedule impractical, the Parents shall negotiate a revised schedule in good faith. If unable to agree, either Parent may petition the Court for modification under RSA 461-A:11.

ARTICLE 6: DOMESTIC VIOLENCE AND SAFETY PROVISIONS

6.1 Domestic Violence History

☐ There are no allegations or findings of domestic violence.
☐ A Domestic Violence Protective Order has been issued under RSA 173-B:

• Case No.: [________________________________]
• Issued: [__/__/____]
• Expiration: [__/__/____]
• Terms affecting parenting: [________________________________]

☐ There has been a finding of abuse under RSA 173-B:1, I, which the Court has considered harmful to the Children per RSA 461-A:5(III).

6.2 Safety Provisions (if applicable)

☐ No-contact order between Parents except through [________________________________]
☐ Supervised exchanges at [________________________________]
☐ Supervised parenting time at [________________________________]
☐ Other Parent shall not consume alcohol within [____] hours of or during parenting time
☐ Other Parent shall submit to random drug/alcohol testing at Other Parent's expense
☐ Other Parent shall complete the following before unsupervised parenting time is considered:
☐ Batterer's intervention program
☐ Substance abuse treatment
☐ Parenting classes
☐ Mental health evaluation
☐ Other: [________________________________]

6.3 Firearms

☐ All firearms in either Parent's home shall be stored unloaded in a locked safe with ammunition stored separately, inaccessible to the Children.
☐ The Other Parent shall not possess firearms during parenting time (per protective order or agreement).

ARTICLE 7: DISPUTE RESOLUTION (RSA 461-A:7)

7.1 Disputes Regarding Parenting Time

If either Parent believes the other has violated the parenting schedule, the aggrieved Parent shall provide written notice. If the violation is not remedied within [____] days, the aggrieved Parent may:

1. Request mediation (if no DV finding exists)
2. File a motion with the Circuit Court, Family Division

7.2 Mediation

☐ The Parents agree to attempt mediation before filing any motion with the Court.
☐ Mediation is not appropriate due to: ☐ Domestic violence finding ☐ Other: [________________________________]

RSA 461-A:7: The Court shall not order mediation if there is a finding of domestic violence under RSA 173-B:1, unless all parties voluntarily agree.

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

Either Parent may request, or the Court may appoint, a Guardian ad Litem when the Court has reason for special concern regarding the Children's welfare.

7.4 Make-Up Parenting Time (HB 1659, Effective 2025)

If a Parent has, without just cause, failed to abide by the parenting schedule, the Court shall order additional parenting time to the other Parent as compensation for lost time.

7.5 Contempt

Willful violation of this Agreement, once incorporated into a court order, may be enforced through contempt proceedings in the Circuit Court, Family Division.

ARTICLE 8: FINANCIAL PROVISIONS

8.1 Health Insurance

☐ Residential Parent shall maintain health, dental, and vision insurance for the Children.
☐ Other Parent shall maintain health, dental, and vision insurance for the Children.
☐ Both Parents shall maintain coverage.

8.2 Unreimbursed Medical Expenses

Unreimbursed medical, dental, mental health, and vision expenses shall be allocated:
☐ 100% to Residential Parent
☐ 100% to Other Parent
☐ Equally (50/50)
☐ Proportional to income: Residential Parent [____]% / Other Parent [____]%

The Parent incurring the expense shall provide documentation within [____] days. Reimbursement is due within [____] days of receiving documentation.

8.3 Extracurricular Activity Costs

☐ Residential Parent decides and pays for extracurricular activities.
☐ Costs are shared: Residential Parent [____]% / Other Parent [____]%.
☐ Both Parents must agree before enrollment; costs are shared equally.

8.4 Child Support

Child support, if applicable, shall be calculated and ordered pursuant to RSA 458-C (NH Child Support Guidelines) in a separate order.

ARTICLE 9: ADDITIONAL PROVISIONS

9.1 Child's Preference (RSA 461-A:6(I)(e))

The Court may consider the preference of a child old enough to express a meaningful preference. Neither Parent shall coach, pressure, or interrogate the Children regarding their preferences.

9.2 Cooperation

Both Parents shall cooperate to serve the Children's best interests. The Residential Parent shall not unreasonably interfere with the Other Parent's parenting time. The Other Parent shall not undermine the Residential Parent's authority.

9.3 Parental Alienation

Neither Parent shall engage in conduct designed to alienate the Children from the other Parent, including disparagement, interference with communication, or withholding of information.

9.4 Travel

• In-state: No advance notice required (provide contact information).
• Out-of-state: [____] days' advance written notice with itinerary and contact information.
• International: Requires ☐ Both Parents' consent ☐ Court order. [____] days' advance notice.

9.5 Clothing and Personal Items

The Children's clothing, school supplies, medications, and necessary personal items shall travel freely between homes. Neither Parent shall withhold the Children's belongings.

ARTICLE 10: BEST INTEREST FACTORS — RSA 461-A:6

The Parents acknowledge this Agreement was developed considering the best interest factors of RSA 461-A:6(I):

(a) Each Parent's relationship with the Children and ability to provide nurture and guidance
(b) Each Parent's ability to provide food, clothing, shelter, medical care, and a safe environment
(c) The Children's developmental needs and each Parent's ability to meet them
(d) The Children's adjustment to school and community
(e) Each Parent's ability to foster a positive relationship with the other Parent
(f)–(g) Support for the child's contact and relationship with the other Parent
(h) The Children's relationships with other significant persons
(i) The Parents' ability to communicate and cooperate
(j) Any evidence of abuse under RSA 173-B:1 or RSA 169-C:3
(k) If a Parent is incarcerated, the reason and length
(l) State policy under RSA 461-A:2
(m) Any other relevant factors

ARTICLE 11: MODIFICATION (RSA 461-A:11)

This Agreement may be modified:

1. By mutual written agreement of both Parents, filed with and approved by the Court; or
2. By court order upon the moving party's demonstration that modification is warranted under RSA 461-A:11, including:
   - Clear and convincing evidence that the child's environment is detrimental
   - Changed travel time between residences
   - Substantial change in a parent's work schedule
   - Change in child's age-based needs (at least 5 years since prior order)
   - Any modification based on the best interest of the child

The burden of proof is on the moving party.

ARTICLE 12: EXECUTION

We, the undersigned, affirm that:

• We have read and understand this Agreement
• We enter this Agreement voluntarily, without coercion or duress
• We believe this Agreement serves the Children's best interests
• We have been advised of the right to consult with an attorney

RESIDENTIAL PARENT:

Signature: _________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Address: [________________________________]

OTHER PARENT:

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 Parties, known to me or proved to be the persons named herein, and acknowledged that they executed this Agreement voluntarily.

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

[Seal]

COURT ORDER

The Court, having reviewed the foregoing Agreement for Sole Parental Rights and Responsibilities, and finding that:

• The statutory presumption favoring joint decision-making (RSA 461-A:5) has been rebutted based on [________________________________];
• The Agreement serves the best interests of the minor Children under RSA 461-A:6;
• Both Parents entered the Agreement voluntarily;
• Both Parents have completed the Child Impact Program (RSA 458-D) or have been exempted;

hereby APPROVES this Agreement and orders that it be incorporated into the decree of this Court.

☐ Approved as submitted.
☐ Approved with modifications noted on the record.

Date: [__/__/____]

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

SOURCES AND REFERENCES

• RSA 461-A — Parental Rights and Responsibilities: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-mrg.htm
• RSA 461-A:5 — Decision-Making Responsibility (Joint Presumption): 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: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 173-B — Domestic Violence Protective Orders: https://gc.nh.gov/rsa/html/xii/173-b/173-b-mrg.htm
• RSA 169-C — Child Abuse and Neglect: https://gc.nh.gov/rsa/html/nhtoc/nhtoc-xii-169-c.htm
• RSA 458-D — Child Impact Program: https://www.courts.nh.gov/our-courts/circuit-court/family-division/child-impact-program
• HB 1659 (2024) — Record Access and Make-Up Parenting Time: https://legiscan.com/NH/text/HB1659/id/2864121
• NH Circuit Court Family Division: https://www.courts.nh.gov/our-courts/circuit-court/family-division
• NH Family Division Forms: https://www.courts.nh.gov/our-courts/circuit-court/family-division/forms