New Hampshire Divorce With Children — Custody and Child Support (2026)

New Hampshire courts apply a "best interests of the child" standard under RSA 461-A. When children under 18 are involved, both parents must complete a parenting education program.

Parenting Class — Mandatory When Children Under 18

Both parents must complete a court-approved parenting education program when children under 18 are involved. This class — typically a few hours — helps parents understand how divorce affects children and how to co-parent effectively.

Certificate requirement: Each parent receives a completion certificate and must file it with the Circuit Court, Family Division. The divorce cannot be finalized until both certificates are on file.

Finding the program: Contact your Circuit Court, Family Division clerk for a list of approved programs in your county. Online options are available. Cost: approximately $35–$75 per parent.

New Hampshire Custody Framework (RSA 461-A)

Legal Custody

• Joint legal custody: Both parents share major decisions about the child's health, education, and welfare — the default preference in New Hampshire
• Sole legal custody: One parent has authority — when communication is impossible or one parent is unfit

Physical Custody

• Primary physical custody: Child primarily lives with one parent
• Shared physical custody: Substantial time with each parent; may affect child support calculation

Best Interests of the Child — NH Factors (RSA 461-A:6)

New Hampshire courts consider:

1. Child's relationship with each parent
2. Child's adjustment to home, school, and community
3. Quality of the child's relationship with each parent
4. Ability of each parent to provide love, affection, and guidance
5. Ability of each parent to provide for the child's physical needs
6. Ability of each parent to support the child's relationship with the other parent
7. Child's developmental needs
8. Any other relevant factor

Domestic violence: RSA 461-A:6(I)(l) requires courts to consider domestic violence history. A history of abuse can substantially affect the custody award.

Parenting Plan — Required

A comprehensive Parenting Plan must be filed with the Circuit Court, Family Division. It must address:

• Legal custody designation
• Primary residence and regular parenting schedule (weekly, holidays, vacations, school breaks)
• Healthcare decision-making
• Educational decisions and information sharing
• Transportation and exchange logistics
• Communication between parents
• Relocation provisions (notice requirements)
• Dispute resolution (mediation before court)

New Hampshire Child Support — Income Shares (RSA 458-C)

New Hampshire uses an income shares model:

1. Determine both parents' gross income
2. Apply standard deductions (taxes, FICA, other support)
3. Use the NH Child Support Schedule (combined income × percentage by number of children)
4. Allocate proportionally between parents by income share
5. Adjust for health insurance, childcare, parenting time credits

Duration: Child support ends when the child turns 18 or graduates from high school.

Income Withholding Order: Routinely issued with every child support order.

Last reviewed: March 2026 | Parenting class required (both parents, children under 18) — cannot finalize without certificates | RSA 461-A best interests | Joint legal custody default | Parenting Plan required | Income shares child support (RSA 458-C) | Support ends at 18/HS graduation | Financial Affidavit NHJB-2065-F required | courts.state.nh.us/forms/nhjb-forms.htm

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.