How to modify child custody and parenting time in New Hampshire

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of RSA 461-A:11 (modification of parental rights and responsibilities) and an excerpt of RSA 461-A:6 (best interest), as published by the New Hampshire General Court on gc.nh.gov. New Hampshire says “parental rights and responsibilities” and “parenting time”. Read what we could not confirm below.

New Hampshire divorce kit Child custody in New Hampshire Modifying child support and spousal support in New Hampshire After your divorce: changing a support or custody order

The short version

New Hampshire has no single change-in-circumstances test. RSA 461-A:11 lists specific situations in which the court may modify a permanent order, and for most other parts of a parenting plan the court may modify “based on the best interest of the child”. The statute also puts the burden on you: “the burden of proof shall be on the moving party”. For support instead, see modifying child support and spousal support in New Hampshire.

The grounds in RSA 461-A:11

Agreement. The parties agree to the modification.
Interference. The court finds repeated, intentional and unwarranted interference by a parent with the other parent’s residential responsibilities. It may change the order “without the necessity of showing harm to the child” if the change is in the child’s best interests.
Detrimental environment. The court finds by “clear and convincing evidence” that the child’s present environment is detrimental to the child’s physical, mental or emotional health, and the advantage of modifying outweighs the harm of changing environments.
Equal time that is not working. The parties have substantially equal periods of residential responsibility and either says, or the court finds, that the original allocation is not working. The court may change it if that is in the child’s best interests.
A mature child’s preference. If the court finds by clear and convincing evidence that a minor is mature enough to make a sound judgment, it may give substantial weight to the child’s preference, while considering whether undesirable or improper influence shaped it.
Minimal change. The change makes a minimal change or no change in the allocation of parenting time and is in the child’s best interests.
Travel time. The schedule was based on travel time between homes and the parents now live closer or farther apart so that the order is no longer in the child’s best interest.
Work schedule. The schedule was based on a parent’s work schedule and there has been a substantial change in it such that the order is no longer in the child’s best interest.
Young child. The schedule was based on the child’s young age, and the request is made at least 5 years after the prior order.

Other parts of the parenting plan

Best interest. Except for the parenting-schedule grounds above and relocation requests, the court may modify any section of a permanent parenting plan based on the child’s best interest. Requests to change decision-making responsibility are subject to RSA 461-A:5, III.
Relocation. A request to relocate the child’s residence is handled under RSA 461-A:12, which we did not read.
Best-interest factors. RSA 461-A:6 tells the court to be guided by the child’s best interests and lists factors, including each parent’s relationship with the child, the ability to provide food, shelter and medical care, the child’s developmental needs, and the child’s adjustment to school and community. If the court decides approximately equal parenting time is not in the child’s best interest, it “shall make findings supporting its order”.

Forms and filing

We did not locate the New Hampshire judicial branch’s modification forms. The court that entered your order normally keeps the case, so ask its clerk about forms, fees and local rules. See child custody in New Hampshire for more.

What we could not confirm

Case law. We read statutes only. We did not read New Hampshire Supreme Court opinions on how courts apply the grounds or the clear and convincing standard.
Full best-interest text. We read an excerpt of RSA 461-A:6, not the complete section.
Related sections. We did not read RSA 461-A:5 (decision-making), 461-A:12 (relocation), or the sections on mediation, parenting education or temporary orders.
Procedure. We did not check filing fees, fee waivers, local rules or any waiting period.

Sources

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