HB292 (2007) Detail

(New Title) relative to consideration of the preference of a mature minor in the modification of parental rights and responsibilities.


CHAPTER 213

HB 292 – FINAL VERSION

07Mar2007… 0375h

05/03/07 1341s

07Jun2007… 1739eba

2007 SESSION

07-0685

05/03

HOUSE BILL 292

AN ACT relative to consideration of the preference of a mature minor in the modification of parental rights and responsibilities.

SPONSORS: Rep. Gargasz, Hills 5; Rep. Franklin, Sull 2; Sen. Roberge, Dist 9

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill provides that, in the modification of parental rights and responsibilities, if the court finds that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the child’s preference as to the parent with whom the child wants to live.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07Mar2007… 0375h

05/03/07 1341s

07Jun2007… 1739eba

07-0685

05/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to consideration of the preference of a mature minor in the modification of parental rights and responsibilities.

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

213:1 Modification of Parental Rights and Responsibilities; Preference of Mature Minor. Amend RSA 461-A:11, I(e) to read as follows:

(e) If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment [about his or her proper custody], the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live. Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child’s preference, including[, but not limited to,] whether the minor child's preference was based on undesirable or improper influences.

213:2 Effective Date. This act shall take effect January 1, 2008.

Approved: June 25, 2007

Effective: January 1, 2008