New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 458-A:1 (2026)
Definitions
✓ current as of May 2026
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458-A:1 Definitions. –
In this chapter:
I. "Abandoned" means left without provision for reasonable and necessary care or supervision.
II. "Child" means an individual who has not attained 18 years of age.
III. "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
IV. "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, dissolution of civil union as defined by RSA 457-A, neglect, abuse, dependency, guardianship, paternity, determination of parental rights and responsibilities, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, children in need of services as defined by RSA 169-D, or contractual emancipation or enforcement under RSA 458-A:22 through RSA 458-A:38.
V. "Commencement" means the filing of the first pleading in a proceeding.
VI. "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
VII. "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
VIII. "Initial determination" means the first child-custody determination concerning a particular child.
IX. "Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter.
X. "Issuing state" means the state in which a child-custody determination is made.
XI. "Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
XII. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
XIII. "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding; and
(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
XIV. "Physical custody" means the physical care and supervision of a child.
XV. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
XVI. "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.
XVII. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
In this chapter:
I. "Abandoned" means left without provision for reasonable and necessary care or supervision.
II. "Child" means an individual who has not attained 18 years of age.
III. "Child-custody determination" means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. The term includes a permanent, temporary, initial, and modification order. The term does not include an order relating to child support or other monetary obligation of an individual.
IV. "Child-custody proceeding" means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. The term includes a proceeding for divorce, separation, dissolution of civil union as defined by RSA 457-A, neglect, abuse, dependency, guardianship, paternity, determination of parental rights and responsibilities, termination of parental rights, and protection from domestic violence, in which the issue may appear. The term does not include a proceeding involving juvenile delinquency, children in need of services as defined by RSA 169-D, or contractual emancipation or enforcement under RSA 458-A:22 through RSA 458-A:38.
V. "Commencement" means the filing of the first pleading in a proceeding.
VI. "Court" means an entity authorized under the law of a state to establish, enforce, or modify a child-custody determination.
VII. "Home state" means the state in which a child lived with a parent or a person acting as a parent for at least 6 consecutive months immediately before the commencement of a child-custody proceeding. In the case of a child less than 6 months of age, the term means the state in which the child lived from birth with any of the persons mentioned. A period of temporary absence of any of the mentioned persons is part of the period.
VIII. "Initial determination" means the first child-custody determination concerning a particular child.
IX. "Issuing court" means the court that makes a child-custody determination for which enforcement is sought under this chapter.
X. "Issuing state" means the state in which a child-custody determination is made.
XI. "Modification" means a child-custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination.
XII. "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality; public corporation; or any other legal or commercial entity.
XIII. "Person acting as a parent" means a person, other than a parent, who:
(a) Has physical custody of the child or has had physical custody for a period of 6 consecutive months, including any temporary absence, within one year immediately before the commencement of a child-custody proceeding; and
(b) Has been awarded legal custody by a court or claims a right to legal custody under the law of this state.
XIV. "Physical custody" means the physical care and supervision of a child.
XV. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
XVI. "Tribe" means an Indian tribe or band, or Alaskan Native village, which is recognized by federal law or formally acknowledged by a state.
XVII. "Warrant" means an order issued by a court authorizing law enforcement officers to take physical custody of a child.
Source. 2009, 191:1, eff. Dec. 1, 2010.
Notes of Decisions
Cited in 9
cases (2 in the last 5 years), 1981–2023 · leading case: Brauch v. Shaw, 432 A.2d 1 (N.H. 1981).
Brauch v. Shaw, 432 A.2d 1 (N.H. 1981). “RSA 458-A:1 1(b), (c); see Cartelli v. Martin, 121 N.”
Elder v. Park, 717 P.2d 1132 (N.M. Ct. App. 1986). “§ 40-10-2(A); N.H.Rev.Stat.Ann. § 458-A:1(I)(a); Pub.L.”
Mattleman v. Bandler, 461 A.2d 561 (N.H. 1983). “) see RSA 458-A:1 (Supp. 1979). Those purposes include discouraging unilateral removal or retention of a child from his present home and preventing relitigation that shifts the child from state to state.”
In the Matter of Gregory Neal & Lauren DiGiulio, 184 A.3d 90 (N.H. 2018). “" RSA 458-A:1, III. Assuming, for purposes of this appeal, that an order rescinding paternity is a child-custody determination under RSA chapter 458-A, see RSA 458-A:1, IV (defining " '[c]hild-custody proceeding' " to mean, in relevant part, "a proceeding for .”
In the Matter of Crystal Ndyaija & Joshua Ndyaija (N.H. 2020). “” RSA 458-A:1, VII. The child custody proceeding here commenced in May 2015 when the petitioner filed her petition for legal separation.”
In the Matter of Crystal Ndyaija & Joshua Ndyaija (N.H. 2020). “” RSA 458-A:1, VII. The child custody proceeding here commenced in May 2015 when the petitioner filed her petition for legal separation.”
In re Guardianship of K.B. (N.H. 2019). “RSA 458-A:12; see also RSA 458-A:1, III (defining “[c]hild-custody determination” in pertinent part as “a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child,” and specifying further that “[t]he…”
In the Matter of Senay Akin & Nedim Suljevic (N.H. 2022). “Rather, a “modification” within the meaning of the UCCJEA refers to “a judgment, decree, or other order of a court,” RSA 458-A:1, III, which “changes, replaces, supersedes, or is otherwise made after” an initial child custody court order, RSA 458-A:1, XI.”
In the Matter of Michael Speight & Amanda Kaelblein (N.H. 2023). “” RSA 458-A:1, VII (2018). In dismissing the father’s parenting petition, the trial court expressly found that the mother “credibly testified that she and the child are and have always been residents of Massachusetts, and that the child has never resided for six consecutive…”
— N.H. Rev. Stat. Ann. § 458-A:1(I)(a) — 1 case
Elder v. Park, 717 P.2d 1132 (N.M. Ct. App. 1986). “§ 40-10-2(A); N.H.Rev.Stat.Ann. § 458-A:1(I)(a); Pub.L.”
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