New Hampshire

Statutory framework; factor structure: 13. RSA 461-A:6, I-b, effective September 13, 2026, limits consideration as an adverse factor of a parent's raising a child consistent with the child's biological sex, including the examples in the statute. It does not limit consideration of other legally relevant best-interest factors.

Authority

N.H. Rev. Stat. Ann. § 461-A:6(I)

Source framework

Statutory

Factor structure

13

Operative language

shall

Catch-all language

yes, (I)(m)

Presumptions in the original survey

No presumption, but findings required if approximately equal time is rejected (¶ I-a, eff. Jan. 1, 2025)

Child's voice / age rule

none; clear and convincing as to maturity

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"irreconcilable differences which have caused the irremediable breakdown of the marriage," § 458:7-a

Authority

N.H. Rev. Stat. Ann. §§ 458:7, 458:7-a

Grounds without a misconduct showing

"irreconcilable differences which have caused the irremediable breakdown of the marriage," § 458:7-a

Other grounds and proof conditions

Impotency, adultery, extreme cruelty, felony conviction with imprisonment, treatment seriously injuring health or endangering reason, two years absence unheard of, habitual alcohol or drug abuse for two years, joining a sect that holds marriage unlawful and refusing to cohabit six months, abandonment and refusal to cohabit two years (9). Paragraphs X to XIII repealed

Separation

No general separation period identified for the ordinary breakdown route. See the ground and timing conditions.

Timing

None found in §§ 458:7, 458:7-a, 458:26

Relief without dissolution

Yes, legal separation with the effect of divorce except freedom to remarry, § 458:26

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Statute, no factor list. Shifting burden. 60 days; exceptions apply.

Authority

RSA 461-A:12

Court test

hybrid (relocation statute, no factor list)

Burden classification

burden shifts to the objecting parent after a threshold showing

Notice classification

yes

Trigger classification

any move (no distance threshold)

Effect of silence

Silence does not dispense with § 461-A:12(II-a)’s court-order requirement; safety exception applies

What the court weighs

The parent seeking to relocate must first prove by a preponderance that the move is for a legitimate purpose and that the location is reasonable in light of that purpose (¶ V). If met, the burden shifts to the other parent to prove by a preponderance that the relocation is not in the child's best interest (¶ VI). The court may not give undue weight to a temporary relocation order (¶ VII) or consider a parent's declaration that she will not move if relocation is denied (¶ VIII). If relocation is agreed or authorized, the schedule may be modified on a best-interest finding (¶ IX).

Who carries the burden

Initial burden on the relocating parent (legitimate purpose, reasonable location). If carried, the burden of persuasion shifts to the objecting parent to prove the move is not in the child's best interest.

Notice and safety exceptions

Yes. Before relocating, the parent must give the other parent reasonable notice. 60 days is presumed reasonable unless other factors are present or the parents have a written agreement. Shorter notice is justified for safety or when the current abode becomes unavailable for reasons beyond the parent's control (§ 461-A:12, III). No statutory form of service specified.

Which moves trigger the rule

Relocation of any residence where the child lives at least 150 days a year, at any time after a parenting or divorce petition is filed. It does not apply if the move brings the residence closer to the other parent or anywhere within the child's current school district (§ 461-A:12, I-II). No mileage test.

Objections and the effect of silence

At either parent's request the court must hold an evidentiary hearing: within 30 days in an open case, or within 30 days of service of a petition to re-open. A temporary hearing may be followed by a final hearing within 60 days. Either party may seek ex parte orders under § 461-A:9 to prevent or allow the move (¶ IV). A parent 'shall not relocate a child without a court order' unless needed for safety (¶ II-a), so silence does not authorize the move.

The modification threshold

Not required. § 461-A:12 is its own proceeding, and § 461-A:11, II expressly excepts 'a request to relocate the residence of a child' from the general modification rule (Ndyaija, 2020). ¶ IX then permits schedule changes on a best-interest finding.

Other qualifications

A flat statutory bar on self-help ('shall not relocate a child without a court order' except for safety), combined with mandatory 30-day hearing deadlines and a rule that the court may not consider a parent's statement that she will stay if relocation is denied.

Burden summary

Shifting burden

Notice summary

60 days; exceptions apply

Trigger summary

Any move

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