In this section, you will find information on:
If both parents agree to file the parenting action, even if you don't agree on a parenting plan or child support, you may wish to file a Joint Parenting Petition, together with a Personal Data Sheet. Using a Joint Petition to begin the parenting action avoids the cost of formal service of legal papers. Otherwise, if you want to file as an individual, you will file a Parenting Petition, together with a Personal Data Sheet. The other parent will need to be notified about this parenting action. That notification will happen either by the other parent picking up the paperwork at the court, or by you sending the papers by certified mail or through the sheriff. Once the petition has been filed, gather the information and documents required under Rule 1.25-A. After a joint petition is filed, or after service of an individual petition, you will be scheduled for a First Appearance session. At this session, a judge or master will explain the court process and highlight important things to think about involving your children. You will hear about the Child Impact Seminar, parenting plans, mediation, and guardians ad litem, and child support. A date will be selected for the next step in your parenting action, so please bring your calendar for scheduling purposes. See First Appearance/Mediation for more information. To complete your parenting action, you will need to file:
If you need an order of the court before completing your parenting action, you may request a temporary hearing on the parenting petition. You will need to file a Decree on Parenting Petition prior to the temporary hearing. Generally, a Temporary Hearing will not be scheduled until after First Appearance and mediation. Source: New Hampshire Judicial Branch |
Pursuant to RSA 458-A:3, one of the following must apply to file a parenting action or modification in New Hampshire: I. A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by initial or modification decree only when: (a) This state (1) is the home state of the child at the time of commencement of the custody proceeding; or (2) has been the child's home state within 6 months before commencement of such proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state; or (b) It is in the best interest of the child that a court of this state assume jurisdiction because (1) the child and his parents, or the child and at least one contestant, have a significant connection with this state, and (2) there is within the jurisdiction of the court substantial evidence concerning the child's present or future care, protection, training, and personal relationships; or (c) The child is physically present in this state and (1) the child has been abandoned or (2) it is necessary in an emergency to protect the child; or (d) (1) It appears that no other state would have jurisdiction under prerequisites substantially in accordance with subparagraph (a), (b), or (c), or another state has declined to exercise jurisdiction on the ground that this state is the more appropriate forum to determine the custody of the child, and (2) it is in the best interest of the child that this court assume jurisdiction. II. Except under subparagraphs I(c) and (d), physical presence in this state of the child, or of the child and one of the contestants, is not alone sufficient to confer jurisdiction on a court of this state to make a child custody determination. III. Physical presence of the child, while desirable, is not a prerequisite for jurisdiction to determine his custody. Source: New Hampshire Judicial Branch |
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New Hampshire Law Library: NH Law About ... Child Custody and Visitation: |
If you want a court order for child support, you must file a divorce/parenting action or seek assistance through the Department of Health and Human Services Division of Child Support Services. Source: New Hampshire Judicial Branch |
Child Support is governed by RSA 458-C. To calculate child support, you must complete a Child Support Guidelines Worksheet and you should review the child support guidelines. To assist you, a child support calculator may be found on the Department of Health and Human Services Division of Child Support Services website. Source: New Hampshire Judicial Branch |
To enforce a child support order, you may file a Petition for Contempt.
Out-of-state child support order: To register or enforce a child support order from another state, file a Petition to Register Foreign Order. Source: New Hampshire Judicial Branch |
In certain circumstances, orders that have been made regarding the parental rights and other limited issues involving children can be changed. You must file a Petition to Change Court Order , together with a Personal Data Sheet.
Changes to court orders that are done by an agreement between the parties are less expensive than those in which the parties are not in agreement. Click here for a full list of filing fees.
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The UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act) became effective in New Hampshire December 1, 2010. Currently, all 49 states have adopted the UCCJEA except Massachusetts, which still uses the UCCJA (Uniform Child Custody Jurisdiction Act). The UCCJEA replaced the UCCJA because the act was inconsistent with the federal Parental Kidnapping Prevention Act (PKPA) when determining proper jurisdiction for initial custody determinations and because of contradictory interpretations of the PKPA. The UCCJEA also added uniform procedures to register and enforce child-custody orders across state lines. Before, complications arose between states in determining a child’s “home state” and enforcing judgments across state lines, with PKPA and UCCJA having different standards for determining custody. Under the UCCJEA, once the “home state” of the child has been determined, and child custody orders have been issued, that state has “exclusive continuing jurisdiction” that is entitled to full faith and credit across the country. This prevents other jurisdictions from modifying that order in any way, unless and until the original state has relinquished jurisdiction. The UCCJEA also removed the terms "best interest of the child" to avoid different interpretations from different jurisdictions that could affect the child's proper jurisdiction. Source: NH Family Law Blog |