HB485 (2006) Detail

Relative to the basis for awarding custody to a stepparent or grandparent.


HB 485 – AS INTRODUCED

2005 SESSION

05-0795

05/03

HOUSE BILL 485

AN ACT relative to the basis for awarding custody to a stepparent or grandparent.

SPONSORS: Rep. Bickford, Straf 3

COMMITTEE: Children and Family Law

ANALYSIS

This bill clarifies that the court may award custody to a stepparent or grandparent if the court determines that the parents are unfit and that such an award is in the best interest of the child.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0795

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to the basis for awarding custody to a stepparent or grandparent.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Support and Custody of Children by Stepparent or Grandparent; Finding of Unfitness of Parent Required. Amend RSA 458:17, VI to read as follows:

VI. In making any order relative to such custody, the court shall not give any preference to either parent of the children because of the parent’s sex. The paramount and controlling consideration in deciding child custody is the overall welfare of the child, and there is no one formula for all cases, each case being determined by its particular facts. Considerable weight may be given to the stated preference of a mature minor, provided that preference was not unduly influenced. If the court determines that it is in the best interest and welfare of the children, it shall in its decree grant reasonable visitation privileges to a party who is a stepparent of the children or to the grandparents of the children pursuant to RSA 458:17-d. Nothing in this paragraph shall be construed to prohibit or require an award of custody to a stepparent or grandparent if the court determines that the parents are unfit and that such an award is in the best interest of the child.

2 Effective Date. This act shall take effect January 1, 2006.

Links

HB485 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB485 Revision: 10096 Date: Jan. 21, 2010, midnight

Docket