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 "Parent A")
and
[________________________________] ("Other Parent")
(collectively, the "Parents" or "Parties")

NEW HAMPSHIRE TERMINOLOGY: This Agreement uses the statutory terms "decision-making responsibility," "residential responsibility," and "parenting time." RSA 461-A:4(VI) prohibits a parenting plan from describing either parent as having the child "reside primarily" with that parent, as having "primary residential responsibility" or "custody," or as the "primary residential parent."

IMPORTANT: Under RSA 461-A:5, the joint-decision-making presumption applies when the parents agree to joint decision-making or either parent applies for it. If abuse under RSA 173-B:1, I has occurred, the court must treat that abuse as harmful to the children and as evidence bearing on whether joint decision-making is appropriate. The court also considers the best-interest factors in RSA 461-A:6 and the parties' safety.

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
☐ An individual parenting petition
☐ 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)

Unless an exception affidavit establishes a waiver under RSA 458-D:8, both Parents must attend the four-hour Child Impact Program and complete it within 45 days after service of the original petition on the original respondent:

☐ Parent A — Completed on [__/__/____]; Certificate attached
☐ Parent A — Registered; scheduled for [__/__/____]
☐ Other Parent — Completed on [__/__/____]; Certificate attached
☐ Other Parent — Registered; scheduled for [__/__/____]
☐ Parent A has obtained a waiver based on: [________________________________]
☐ Other Parent has obtained a waiver based on: [________________________________]

1.5 Basis for Sole Responsibility

The Parents agree, or the Court has found, that allocating sole decision-making responsibility to Parent A and adopting the detailed parenting schedule below serves the Children's best interests and the parties' safety 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

Parent A 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 Parent A has sole decision-making authority, Parent A:

☐ Shall notify the Other Parent in advance of major decisions and consider the Other Parent's input, though Parent A 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 Residential Schedule and Legal Residence

Parent A shall have residential responsibility for the Children during the periods specified in this Article. Parent A's address is:

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
☐ Parent A's home: [________________________________]
☐ Neutral location: [________________________________]
☐ Supervised exchange site: [________________________________]

Transportation:
☐ The Other Parent picks up and returns the Children.
☐ Parent A 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

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

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

4.3 Information Sharing and Records Access (RSA 461-A:4(II)(b))

As an agreed parenting-plan provision concerning information sharing and access under RSA 461-A:4(II)(b), the Parents agree as follows, subject to any protective or other court order:

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

Parent A 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

Parent A 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 Parent A Relocation

RSA 461-A:12 applies to relocation of a residence in which the Children reside at least 150 days per year. Parent A shall provide the Other Parent with reasonable written notice before a proposed relocation covered by that statute. Sixty days is presumed reasonable unless other factors are present or the Parents have a contrary written agreement. RSA 461-A:12 does not apply if 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 without a court order unless relocation is necessary to protect the safety of the Parent or Children, or both. Safety needs or circumstances beyond the Parent's control may also justify shorter notice. The relocating Parent initially must prove 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. If that burden is met, the burden shifts to the Other Parent to prove by a preponderance of the evidence that the relocation is not in the Children's best interests.

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)

In a contested proceeding, the Court may appoint a Guardian ad Litem when it has reason for special concern regarding the Children's welfare. The Guardian ad Litem gathers information to assist the Court in determining the Children's best interests.

7.4 Family Access Motion (RSA 461-A:4-a)

If a Parent substantially and materially denies or interferes with court-ordered parenting time without good cause, the aggrieved Parent may file a family access motion. If the Court finds substantial and material noncompliance without good cause, it must order a remedy, which may include compensatory parenting time of not less than the period denied, counseling, a fine, security for future compliance, or specified costs.

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

☐ Parent A 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 Parent A
☐ 100% to Other Parent
☐ Equally (50/50)
☐ Proportional to income: Parent A [____]% / 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

☐ Parent A decides and pays for extracurricular activities.
☐ Costs are shared: Parent A [____]% / 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(II))

If the Court finds by clear and convincing evidence that a minor child is sufficiently mature to make a sound judgment, it may give substantial weight to that child's preference while considering influences that may have affected it. 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. Parent A shall not unreasonably interfere with the Other Parent's parenting time. The Other Parent shall not undermine Parent A'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 when a ground in RSA 461-A:11 is established, including agreement; repeated, intentional, and unwarranted interference; specified detriment shown by clear and convincing evidence; failure of a substantially equal allocation; a mature child's preference; a minimal or no change in parenting-time allocation; qualifying changes in travel time or work schedule; or an age-based schedule request made at least five years after the prior order. Other sections of a permanent parenting plan may be modified under RSA 461-A:11(II), subject to its exceptions and the best-interest standard.

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

PARENT A:

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:

• Any applicable joint-decision-making presumption under RSA 461-A:5 has been addressed 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:4 — Parenting Plans; Contents: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-4.htm
• RSA 461-A:4-a — Judicial Enforcement; Family Access Motion: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-4-a.htm
• RSA 461-A:5 — Decision-Making Responsibility: https://gc.nh.gov/rsa/html/XLIII/461-A/461-A-5.htm
• 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 — Parental Rights and Responsibilities and Child Support Impact Seminars: https://gc.nh.gov/rsa/html/XLIII/458-D/458-D-mrg.htm
• 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