Custody Rights for Unmarried Parents in New Hampshire

Unmarried parents in New Hampshire have the same parental rights and responsibilities as divorcing married parents — once legal parentage is established. The critical difference: married parents are both presumed legal parents automatically. Unmarried fathers must take an extra step to secure their rights before they can file for residential responsibility or decision-making authority.

The same 2025 equal parenting time presumption applies to unmarried parents. Once parentage is established, the court treats the case identically to a divorce custody dispute — same forms, same best interests factors, same 146-overnight threshold.

Establishing Paternity

For an unmarried mother, legal parentage is automatic at birth. For an unmarried father, New Hampshire requires formal establishment of paternity through one of two paths:

Voluntary Acknowledgment of Paternity. Both parents sign an Acknowledgment of Paternity form at the hospital after birth or later at the Division of Vital Records Administration. This is the simplest path when both parents agree on who the father is. Once signed and filed, it has the legal effect of establishing paternity without further action unless it is rescinded.

Either parent can request rescission within 60 days of the affidavit's filing. After that window closes, any challenge must be decided by a court of competent jurisdiction.

Court-Ordered Paternity. If the mother disputes paternity or the father wasn't present at the birth, either parent (or the state, in child support enforcement cases) can file a petition to establish paternity through the court. The court can order genetic testing. If paternity is confirmed, the court issues an order establishing the father's legal parentage.

An unmarried father should establish paternity before seeking an enforceable allocation of residential or decision-making responsibility. If paternity is contested and relevant, the court may order paternity testing in the parenting proceeding.

Filing a Parenting Petition as an Unmarried Parent

Once both parents are legally established, the process mirrors a divorce custody case:

1. File a Parenting Petition — either a Joint Petition (Form NHJB-2390-F) if both parents agree, or an Individual Petition (Form NHJB-2061-F). Filing fee: $282.
2. Submit the UCCJEA Affidavit (Form NHJB-2660-DFP) — lists the child's residence history for the past five years.
3. Exchange financial disclosures under Rule 1.25-A within 45 days.
4. Complete the Child Impact Program — the mandatory four-hour seminar ($85 per parent), required within 45 days of service.
5. Attend mandatory mediation ($225 per parent) to attempt an agreed parenting plan.

If parents agree on a plan, it's filed for court approval. If not, the case goes to a hearing where the judge applies the same RSA 461-A:6 best interests factors used in divorce custody disputes.

Key Differences From Divorce Custody

No property division. Unmarried parents don't go through the equitable distribution process that divorcing spouses face. The case is limited to parental rights — the parenting schedule, decision-making authority, and child support.

No divorce waiting period. A parenting petition is not a divorce action, but it still follows the procedural steps for disclosures, mediation, and the Child Impact Program before resolution.

Child support still applies. The same RSA 458-C guidelines and the 2025 parenting time tiers apply to unmarried parents. An approximately equal schedule with similar incomes triggers the same zero-support presumption. Disparate incomes with unequal time triggers the standard guidelines.

Common Concerns for Unmarried Fathers

"Does the mother automatically get custody?" No. New Hampshire law is gender-neutral. Once paternity is established, neither parent has a presumptive advantage. The 2025 equal parenting time presumption applies equally to unmarried fathers and mothers.

"What if I'm not on the birth certificate?" Being listed on the birth certificate and having legally established paternity are different things. The birth certificate alone isn't sufficient — you need either a signed Acknowledgment of Paternity or a court order. If you're listed on the certificate because you signed the acknowledgment at the hospital, that typically suffices.

"Can I get temporary custody while the case is pending?" Yes. You can request a temporary order for residential responsibility at any point after filing the parenting petition. The court can grant temporary orders at the First Appearance session or at a temporary hearing.

The New Hampshire Child Custody & Parenting Plan Guide covers the full process for both married and unmarried parents, including a paternity establishment checklist and step-by-step instructions for the parenting petition.

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