New Hampshire § 461-A-4 - Section 461-A:4 Parenting Plans; Contents.

§ 461-A-4. Section 461-A:4 Parenting Plans; Contents.

I. In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under RSA 173-B, the parents shall develop and file with the court a parenting plan to be included in the court's decree. If the parents are unable to develop a parenting plan, the court may develop it. In developing a parenting plan under this section, the court shall consider only the best interests of the child as provided under RSA 461-A:6 and the safety of the parties. II. A parenting plan may include provisions relative to: (a) Decision-making responsibility and residential responsibility. (b) Information sharing and access, including telephone and electronic access. (c) Legal residence of a child for school attendance. (d) Parenting schedule, including: (1) Holiday, birthday, and vacation planning. (2) Weekends, including holidays, and school in-service days preceding or following weekends. (e) Transportation and exchange of the child. (f) Relocation of parents. (g) Procedure for review and adjustment of the plan, including the grounds for modification in RSA 461-A:11. (h) Methods for resolving disputes. III. If the parties are insured and the parenting plan directs the parties to participate in counseling, the court shall give due consideration to selecting a counselor who is recommended by the parties and is a participating provider in the parties' health insurance carrier. The court shall not order family reunification treatments, programs, or services, including, but not limited to, camps, workshops, therapeutic vacations, or educational programs that, as a condition of enrollment or participation, require or result in any of the following: (a) A no-contact order. (b) An overnight, out-of-state, or multi-day stay. (c) A transfer of physical or legal custody of the child. (d) The use of private youth transporters or private transportation agents engaged in the use of force, threat of force, physical obstruction, acutely distressing circumstances, or circumstances that place the safety of the child at risk. (e) The use of threats of physical force, undue coercion, verbal abuse, isolation from the child's family, community, or other sources of support, or other acutely distressing circumstances. IV. If the parents have joint decision-making responsibility under RSA 461-A:5, the parenting plan shall include the legal residence of each parent unless the court finds that there is a history of domestic abuse or stalking or that including such information would not be in the best interest of the child. If the parenting plan includes a parent's residence, the parent shall be responsible for promptly notifying the court and the other parent of any change in residence. The failure to provide such information may result in a finding of contempt of court. V. If the court orders supervised visitation, it may order that such visitation shall take place only at a visitation center that uses a metal detection device and has trained security personnel on-site. VI. Each parenting plan shall include a detailed parenting schedule for the child, specifying the periods when each parent has residential responsibility or non-residential parenting time. Neither parent shall be described as having the child "reside primarily" with him or her or as having "primary residential responsibility" or "custody" or be designated as the "primary residential parent."