I. Upon motion of a deploying or nondeploying parent, the court shall enter a temporary order modifying parental rights and responsibilities or parent-child contact during the period of deployment or mobilization when:
(a) A military parent who has shared sole or primary legal or physical parental rights and responsibilities for a child or who has parent-child contact pursuant to an existing court order has received notice from military leadership that he or she will deploy or mobilize in the near future; and

Terms Used In New Hampshire Revised Statutes 458-E:3

  • Deploy: and "deployment" mean military service in compliance with military orders received by a member of the United States armed forces, including any reserve component thereof, to report for combat operations, contingency operations, peacekeeping operations, a remote tour of duty, or other active service for which the deploying parent is required to report unaccompanied by any family member. See New Hampshire Revised Statutes 458-E:1
  • Deploying parent: means a military parent who has been notified by military leadership that he or she will deploy or mobilize with the United States armed forces, including any reserve component thereof, or who is currently deployed or mobilized with the United States armed forces, including any reserve component thereof. See New Hampshire Revised Statutes 458-E:1
  • following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
  • Military parent: means a natural parent, adoptive parent, or legal parent of a child under the age of 18 whose parental rights have not been terminated or transferred to the state or another person through a juvenile proceeding pursuant to RSA 169-B, RSA 169-C, or N. See New Hampshire Revised Statutes 458-E:1
  • Mobilization: and "mobilize" mean the call-up of national guard or reserve service members to extended active service. See New Hampshire Revised Statutes 458-E:1
  • Nondeploying parent: means a parent who is either not a member of the United States armed forces, including any reserve component thereof, or is a military parent who is currently not a deploying parent. See New Hampshire Revised Statutes 458-E:1
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9

(b) The deployment or mobilization would have a material effect upon his or her ability to exercise such parental rights and responsibilities or parent-child contact.
II. Motions for modification because of deployment shall be heard by the court as expeditiously as possible, and shall be a priority for this purpose.
III. (a) All temporary modification orders shall include a specific transition schedule to facilitate a return to the predeployment order over the shortest reasonable time period after the deployment ends, taking into consideration the child’s best interests.
(b) The temporary order shall set a date certain for the end of deployment and the start of the transition period. If deployment is extended, the temporary order shall remain in effect during the extended deployment, and the transition schedule shall take effect at the end of the extended deployment. In that case, the nondeployed parent shall notify the court of the extended deployment. Failure of the nondeployed parent to notify the court in accordance with this subdivision shall not prejudice the deployed parent’s right to return to the prior order once the temporary order expires as provided in subparagraph (c).
(c) The temporary order shall expire upon the completion of the transition, and the prior order for parental rights and responsibilities and parent-child contact shall be in effect.
IV. Upon motion of the deploying parent, the court may delegate his or her parent-child contact rights, or a portion of them, to a family member, a person with whom the deploying parent cohabits, or another person with a close and substantial relationship to the minor child or children for the duration of the deployment, upon a finding that it is in the child’s best interests. Such delegated contact does not create separate rights to parent-child contact for a person other than a parent once the temporary order is no longer in effect.
V. A temporary modification order issued pursuant to this section shall designate the deploying parent’s parental rights and responsibilities for and parent-child contact with a child during a period of leave granted to the deploying parent, in the best interests of the child.
VI. A temporary order issued under this section may require any of the following, if the court finds that it is in the best interests of the child:
(a) The nondeploying parent shall make the child reasonably available to the deploying parent when the deploying parent has leave.
(b) The nondeploying parent shall facilitate opportunities for telephonic, electronic mail, and other such contact between the deploying parent and the child during deployment.
(c) The deploying parent shall provide timely information regarding his or her leave schedule to the nondeploying parent. Actual leave dates are subject to change with little notice due to military necessity and shall not be used by the nondeploying parent to prevent parent-child contact.
VII. A court order modifying a previous order for parental rights and responsibilities or parent-child contact because of deployment shall specify that the deployment is the basis for the order, and it shall be entered by the court as a temporary order. The order shall further require the nondeploying parent to provide the court and the deploying parent with 30 days’ advance written notice of any change of address and any change of telephone number.