New Hampshire Divorce With Children — Custody & Support
Custody, child support, and parenting plans when children are involved in an New Hampshire divorce
How custody is determined §461-A:6
Courts determine parental rights and responsibilities based on the best interests of the child, considering the quality of the child's relationship with each parent, each parent's ability to support the child's relationship with the other parent, and any history of domestic violence.
Types of custody
- Legal custody — the right to make major decisions about the child's education, health care, and welfare
- Physical custody — where the child lives day-to-day
- Joint custody — both parents share legal custody, physical custody, or both
- Sole custody — one parent has primary decision-making authority or residential time
Child support §458-C:3
New Hampshire uses an percentage-of-income model to calculate child support.
- Based on the combined adjusted gross income of both parents proportionally allocated
- New Hampshire Child Support Guidelines use a percentage of combined income approach
- Deviation from the guidelines requires written findings of specific factors
- Income can be withheld directly from the paying parent's employer §458-B:1
The parenting plan
Most New Hampshire courts require a written parenting plan that addresses:
- Regular custody and visitation schedule
- Holiday and vacation time allocation
- Transportation arrangements and exchange locations
- Decision-making authority for education, health, and extracurricular activities
- Communication protocols between parents
- Relocation restrictions and notice requirements
Temporary orders during the divorce §458:16
Courts may issue temporary orders for support, parental rights, and exclusive use of the marital home while the divorce is pending. Temporary custody and support orders typically remain in effect until the final decree is entered.
Modifying custody later
Changes to a parenting schedule require one of the statute's listed circumstances, such as party agreement, repeated interference with the other parent's residential responsibilities, or a detrimental environment shown by clear and convincing evidence. Other parenting-plan provisions may be modified based on the best interests of the child, with separate rules for relocation (461-A:12) and decision-making responsibility (461-A:5, III). The moving party bears the burden of proof. §461-A:11
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Related guides
- Based on the combined adjusted gross income of both parents proportionally allocated
- New Hampshire Child Support Guidelines use a percentage of combined income approach
- Deviation from the guidelines requires written findings of specific factors