Emergency and Temporary Custody Orders in New Hampshire
When a child's safety is at immediate risk — or when parents need a custody structure in place while the full case works through the court system — New Hampshire provides two tracks: emergency orders for urgent safety situations and temporary orders for maintaining stability during the litigation process.
Temporary Custody Orders
A temporary order establishes parenting time and decision-making responsibility while the custody case is pending. It's not permanent — it governs the arrangement until the final hearing produces a permanent parenting plan.
When they're issued. After the First Appearance session, either parent can request a temporary hearing. Each parent typically presents an "offer of proof" — a summary of the evidence they would present at a full trial — and may have approximately 15 minutes to request temporary orders.
What they cover. Temporary orders address:
- Which parent the child lives with during the case
- A parenting schedule for the non-residential parent
- Temporary child support
- Who stays in the family home
- Restrictions on either parent (no relocating with the child, no removing the child from school, no disparaging the other parent)
How they're decided. Under RSA 461-A:8, the court may issue a temporary allocation of parental rights and responsibilities and temporary child support. The best-interests factors in RSA 461-A:6 guide the allocation. Judges may consider stability and continuity, including the child's school, home, and established routines.
Duration. Temporary orders remain in effect until modified by the court or replaced by the final parenting decree. In contested cases, this can mean months of living under a temporary arrangement.
Emergency Custody Orders
Emergency orders exist for situations where the child faces immediate danger — not for ordinary custody disputes, even contentious ones.
When courts grant them. Emergency orders require evidence of imminent risk to the child's physical safety or well-being. Situations that may warrant an emergency order:
- Physical abuse of the child
- A parent's severe substance abuse creating an unsafe environment
- A parent threatening to flee the state with the child
- A parent who is incapacitated and unable to care for the child
- Sexual abuse allegations with supporting evidence
Situations that typically don't qualify:
- Disagreements over parenting style
- A parent who lets the child stay up too late or eat junk food
- Verbal arguments between parents (unless they escalate to threats of violence)
- One parent starting a new romantic relationship
How to obtain one. File an Ex Parte (Emergency) Motion under RSA 461-A:9 with the Circuit Court Family Division, using Form NHJB-2076-F and the Affidavit of Notification Compliance (Form NHJB-2356-F). The motion must show specific facts establishing immediate and irreparable injury or loss before the other parent can be heard, and include an affidavit verifying the notice given or attempted. If an ex parte order is issued, the other parent may request a hearing, which must be held no later than five days after the clerk receives the request.
How Domestic Violence Affects Custody
Domestic violence is one of the most powerful factors in New Hampshire custody determinations. When there's an active domestic violence protective order under RSA 173-B, several automatic consequences follow:
Presumption against joint decision-making. The standard presumption of joint decision-making responsibility is waived. The court may grant sole decision-making to the non-abusive parent.
Mediation is waived. Mandatory mediation is automatically excused when there's an active protective order or when a judge determines that face-to-face negotiation would pose a safety risk.
The equal parenting time presumption can be rebutted. Evidence of domestic violence may support departing from the 146-overnight equal-time presumption.
Supervised visitation. Courts may order that the abusive parent's parenting time be supervised by a third party or take place at a supervised exchange center. In severe cases, parenting time may be suspended entirely until the parent completes court-ordered treatment.
Impact on best interests analysis. Under RSA 461-A:6, the court evaluates evidence of abuse, neglect, or behavior endangering the child's safety. Safety evidence may weigh heavily even when other best-interests factors favor continued contact.
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What to Document
Whether you're seeking a temporary order, an emergency order, or raising domestic violence concerns, documentation is critical:
- Police reports and incident numbers
- Protective order history
- Medical records showing injuries
- Text messages, emails, or voicemails containing threats
- Photos with timestamps
- Witness statements from neighbors, teachers, or family members who observed concerning behavior
The emergency motion must establish immediate and irreparable injury or loss. Include available supporting documentation and specific facts rather than relying on a general allegation.
The New Hampshire Child Custody & Parenting Plan Guide includes sections on documenting safety concerns, preparing for temporary hearings, and understanding how domestic violence protective orders interact with the custody process.
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