NH Parenting Plans Now Cover Social Media
Governor Kelly Ayotte signed House Bill 1039 into law on May 28, 2026, adding a new provision to New Hampshire’s parenting plan statute. Starting January 1, 2027, parenting plans filed under RSA 461-A:4 may include a written agreement about sharing a child’s images on social media.
What HB 1039 Changes
New Hampshire parenting plans already address scheduling, decision-making authority, holidays, relocation, and dispute resolution. HB 1039 adds one item to that list: an agreement between parents regarding the digital sharing of their child’s images on social media platforms.
The law does not ban posting. It creates no new penalties or restrictions on its own. What it does is give parents a formal, enforceable place within a child custody arrangement to set clear expectations about how and whether their child’s photos and videos appear online.
Both legislative chambers passed the bill unanimously. Becker Legal works with families across New Hampshire on family law matters where provisions like this are becoming more common and more necessary.
Why This Matters in Family Law
Disagreements about a child’s online presence are increasingly showing up in family court. One parent may share photos regularly while the other sees it as a safety concern, particularly during a high-conflict divorce or when a protective order is in place.
Without a written agreement, these disputes often lead to additional motions and hearings. Digital records in custody cases already play a role in how judges evaluate parenting conduct, and social media posts are frequently introduced as evidence. HB 1039 gives co-parents a way to address this issue before it becomes a source of litigation.
Artificial intelligence has made the problem more pressing. Publicly posted images of children can be altered, replicated, or used in ways that parents never intended. Even photos shared with a small audience can be screenshotted, downloaded, and redistributed. A family lawyer in Dover, NH can help parents draft social media terms that account for these risks when building or updating a parenting plan.
What to Consider Including
The law gives parents broad flexibility in what they agree to. Some provisions worth discussing include:
- Whether either parent may post the child’s image publicly or only within private accounts.
- Whether both parents must consent before a photo or video is shared.
- Whether limits apply to tagging, geotagging, or identifying the child by name online.
- How to handle posts by third parties, including stepparents or extended family members.
These provisions are most effective when they are specific and enforceable. Vague language like “use good judgment” does little to prevent conflict. Parents who are putting kids first during a divorce should treat this provision with the same care they give scheduling and decision-making.
Preparing for January 2027
HB 1039 takes effect on January 1, 2027. Parents who are negotiating a new parenting plan or seeking a modification to an existing one should consider adding a social media provision now so the terms are ready when the law goes into effect. Plans finalized after that date can formally include this language. A Dover, NH family lawyer can help draft these terms and incorporate them into a broader parenting agreement. Contact Becker Legal to discuss your family’s situation.
