HB 682 – AS AMENDED BY THE HOUSE
02Jan2008… 2614h
2007 SESSION
05/01
HOUSE BILL 682
AN ACT relative to guardianship of a minor.
SPONSORS: Rep. Lawrence, Hills 27
COMMITTEE: Children and Family Law
This bill establishes factors the court may consider in awarding supplemental or substitution guardianship of a minor to provide continuity to a minor’s existing parental relationships.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2614h
07-0200
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to guardianship of a minor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Guardianship of Minors and Estates of Minors; Conduct of Hearing; Best Interests of the Child. Amend RSA 463:8, III to read as follows:
III.(a) Except as set forth in subparagraph (b), the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that a guardianship of the person is in the best interests of the minor.
(b) If a parent objects to the establishment of the guardianship of the person requested by a non-parent, the court shall set a date for the hearing specified in this section. The burden of proof shall be on the petitioner to establish by clear and convincing evidence that the best interests of the minor require substitution or supplementation of parental care and supervision to provide for the essential physical and safety needs of the minor or to prevent specific, significant psychological harm to the minor.
(c) Supplemental or substitution guardianship of the person may be used to provide continuity to a minor’s existing parental relationships which have been maintained for an extended period of time. In such cases, the court shall consider the continuity and quality of the relationship between the petitioner and the minor child, shall be guided by the best interest of the child, and may consider, but not be limited to, the following factors:
(1) The legal parent or parents, with whom the child had been residing prior to the consent, consented either in writing, orally, or by actions to the petitioner’s formation of a parent-like relationship with the child.
(2) The petitioner and the child lived together in the same household.
(3) The petitioner assumed the obligation of parenthood by taking responsibility for the child’s care and development, including financial support.
(4) The petitioner has been in a parental role for a length of time sufficient to establish with the child a bonded, dependent relationship, parental in nature, which would be detrimental to the child if dissolved.
[(c)] (d) The burden of proof shall be on the petitioner for the guardianship of the estate of a minor to establish by a preponderance of the evidence that the guardianship is necessary to provide for the proper management of the property and financial affairs of the minor.
2 Effective Date. This act shall take effect upon its passage.