Parents going through a divorce or separation often hear the terms “legal custody” and “physical custody” but may not know what each one means. In New Hampshire, courts use different words for these ideas. They call them decision-making responsibility and residential responsibility. Knowing the difference can help you plan for your child’s future.
Legal custody explained
Legal custody gives a parent the right to make major choices about a child’s life, such as decisions about school, medical care and religion. In New Hampshire, this is called decision-making responsibility. State law presumes that parents should share this responsibility jointly unless evidence of abuse or other factors suggests otherwise. When both parents share decision-making, they must consult each other before making major choices. Day-to-day decisions are handled by whichever parent the child is with at the time.
Physical custody explained
Physical custody determines where the child lives and who handles daily care. In New Hampshire, courts call this residential responsibility. As of 2025, state law presumes that approximately equal parenting time is in the child’s best interest. A court must explain its reasoning if it orders a different arrangement.
Joint versus sole arrangements
New Hampshire courts generally favor shared decision-making when both parents can cooperate. Parents who want to set up or change custody terms can file a parenting petition with the family division of the circuit court. How parents divide residential time depends on work schedules, how far apart they live and where the child goes to school.
Why understanding both types of custody matters
Every custody case in New Hampshire requires a parenting plan that spells out both decision-making responsibility and residential responsibility. State law prohibits labeling either parent as the “primary” residential parent in the plan. Parents who agree on terms can submit a joint plan. Those who cannot agree may go through mediation or have a judge decide. Knowing how these two types of custody work separately gives you a clearer starting point for building an arrangement that fits your child’s needs and your family’s situation.