Revision: Dec. 10, 2009, midnight
HB 1156 – AS INTRODUCED
2010 SESSION
05/04
HOUSE BILL 1156
AN ACT relative to the determination of parental rights and responsibilities.
SPONSORS: Rep. Spaulding, Hills 18; Rep. J. Johnson, Ches 6; Sen. Roberge, Dist 9
COMMITTEE: Children and Family Law
This bill clarifies the factors considered by the court in determining the best interests of the child in parenting cases. The bill also addresses the effect allegations and findings of abuse and neglect, including sexual abuse, have in determining parental rights and responsibilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2271
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to the determination of parental rights and responsibilities.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Determination of Parental Rights and Responsibilities; Best Interest of the Child. Amend RSA 461-A:6, I to read as follows:
I. In determining parental rights and responsibilities, the court shall be guided by the best interests of the child, and shall consider the following factors:
(a) The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.
(b) The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
(c) The child’s developmental needs and the ability of each parent to meet them, both in the present and in the future.
(d) The quality of the child’s adjustment to the child’s school and community and the potential effect of any change.
(e) The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, except where contact [will] is likely to result in harm to the child or to a parent.
(f) The support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact, except where contact is likely to result in harm to the child or to a parent.
(g) The support of each parent for the child’s relationship with the other parent, except where contact is likely to result in harm to the child or to a parent.
(h) The relationship of the child with any other person who may significantly affect the child.
(i) The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children, except where contact is likely to result in harm to the child or to a parent.
(j) Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent, provided that a prior finding of abuse by the department of health and human shall not be considered by the court unless all parties are afforded the opportunity to challenge the determination with an evidentiary hearing. Such consideration shall not be barred by res judicata or collateral estoppel.
(k) If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.
(l) Any other additional factors the court deems relevant.
2 Determination of Parental Rights and Responsibilities; Allegations of Abuse or Neglect. Amend RSA 461-A:6, IV to read as follows:
IV. If the court finds that a parent has been convicted of [sexual abuse or] sexual assault or there has been a finding by a court of competent jurisdiction of sexual abuse against such parent’s minor child or minor stepchild, the court may prohibit contact between such parent and the victim of the abuse and any sibling or step-sibling of the victim. The court shall make orders that best protect the victim of the abuse and the siblings and step-siblings of such victim.
(a) If a parent makes a good faith allegation based on a reasonable belief supported by facts that the parent’s child is a victim of physical abuse or neglect or sexual abuse perpetrated by the other parent and if the parent making the allegation acts lawfully and in good faith in accordance with such belief to protect the child or seek treatment for the child, the parent making the allegation shall not be deprived of custody, visitation, or contact with the child based on reasonable actions taken in accordance with that belief.
(b) In this paragraph, “sexual abuse” shall mean sexual abuse as defined in RSA 169-C:3, XXVII-a, and “sexual assault” shall mean sexual assault as provided in RSA 632-A:2, RSA 632-A:3, and RSA 632-A:4.
3 Effective Date. This act shall take effect 60 days after its passage.