How to File for Custody in New Hampshire (Pro Se Guide)

Filing for custody in New Hampshire — formally called a "parenting petition" — doesn't require an attorney. Many parents file pro se (self-represented), especially when both parents are cooperative and the main task is getting a court-approved parenting plan on paper. The process is standardized across the state, uses specific numbered court forms, and follows a predictable timeline.

Here's the step-by-step sequence, from establishing jurisdiction to getting a final order.

Step 1: Confirm You Can File in New Hampshire

You must meet one of three jurisdiction requirements under RSA 458:5:

1. Both parents are domiciled in New Hampshire when the case is filed
2. The filing parent has been domiciled in New Hampshire for at least one year before filing
3. The filing parent lives in New Hampshire and the other parent is personally served within the state

For custody specifically, the child must have lived in New Hampshire for at least six consecutive months — the standard under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).

Step 2: Choose Your Petition Type

Joint Parenting Petition (Form NHJB-2390-F): Use this when both parents agree to open the case together. Both parents sign the petition. This bypasses formal service costs and signals to the court that you're cooperating.

Individual Parenting Petition (Form NHJB-2061-F): Use this when you're filing without the other parent's agreement. You'll need to formally serve the other parent after filing.

The filing fee is $282 for either type. Add a $30 e-filing surcharge if you file electronically and a 3% card transaction fee if paying by credit card. If you can't afford the fee, file a Motion to Waive Court Fees — the court evaluates eligibility based on federal poverty guidelines.

Step 3: Prepare the Required Documents

Along with the petition, you must submit:

• Personal Data Sheet (Form NHJB-2077-F) — basic contact and demographic information
• UCCJEA Affidavit (Form NHJB-2660-DFP) — lists everywhere the child has lived for the past five years and every person who has acted as a caregiver, establishing the court's jurisdiction over the child

File everything with the Circuit Court Family Division in the county where the child lives.

Step 4: Serve the Other Parent (Individual Petitions Only)

For individual petitions, you must legally serve the other parent within 30 days of the court accepting the filing. Service must happen through either:

• Personal delivery by a county sheriff
• Certified mail with a return receipt

You cannot serve the papers yourself. Keep the proof of service — you'll need to file it with the court.

Step 5: Exchange Financial Disclosures

Within 45 days of service, both parents must exchange comprehensive financial documents under Rule 1.25-A (Mandatory Initial Self-Disclosure). This includes:

• Two years of federal and state tax returns
• Three months of pay stubs
• Bank statements for all accounts
• Retirement account statements
• Mortgage and debt documentation

The Financial Affidavit (Form NHJB-2065-F) is the summarized version filed directly with the court. The supporting documents are exchanged between parents privately.

Step 6: Attend the First Appearance Session

The court schedules a mandatory First Appearance within 30 days of service. Both parents must attend. This is an administrative session — no decisions are made. A judge or marital master explains the court process, confirms both parents have registered for the Child Impact Program, and schedules next steps (mediation or a temporary hearing).

Step 7: Complete the Child Impact Program

Under RSA 458-D, both parents must complete a mandatory four-hour educational seminar about helping children cope with parental separation. The program is available via Zoom. Cost: $85 per parent. Deadline: within 45 days of service on the respondent.

Failing to complete the program will stall your case. The court can impose sanctions — including contempt charges, fines, or jail time — for non-compliance.

Step 8: Mediation and Resolution

The court schedules mandatory mediation (RSA 461-A:7), which costs $450 total ($225 per parent). If you reach agreement, the mediator drafts the parenting plan and it's submitted for court approval. If not, the case moves to temporary hearings and eventually a trial.

Tips for Pro Se Parents

Use correct terminology. New Hampshire doesn't use "custody" and "visitation" in its forms. Use "decision-making responsibility" and "residential responsibility." Using the old terms in your filings will flag you as unfamiliar with the law.

Stay organized. Create a folder for every form, every deadline, and every document you exchange. Missing a deadline — especially the 45-day financial disclosure window — creates delays that push your case back months.

File electronically when possible. New Hampshire's e-filing system (Odyssey) lets you submit documents from home and track your case status online. The $30 surcharge is worth the convenience and the paper trail.

Don't skip the parenting plan draft. Even if you expect mediation to work everything out, arrive with a written proposed plan. It gives the mediator — and the court — a starting point.

The New Hampshire Child Custody & Parenting Plan Guide provides a chronological filing checklist, form-by-form instructions for pro se parents, and deadline tracking worksheets so nothing falls through the cracks in the 45-day disclosure window.

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