Revision: March 8, 2016, midnight
\t \t\tHB 1118 - AS INTRODUCED
2016 SESSION
\t16-2126
\t05/09
HOUSE BILL\t1118
AN ACT\trelative to the determination of parental rights and responsibilities and establishing a presumption in favor of shared residential responsibility.
SPONSORS:\tRep. Edelblut, Hills. 38
COMMITTEE:\tChildren and Family Law
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ANALYSIS
\tThis bill:
\tI. Provides a list of factors the court may consider in determining parental rights and responsibilities.
\tII. Establishes a presumption in favor of shared parental rights, including residential responsibility.
\tIII. Permits the court to modify parental rights and responsibilities based on the best interest of the child.
\tIV. Establishes a penalty for frivolous litigation.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2126
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the determination of parental rights and responsibilities and establishing a presumption in favor of shared residential responsibility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Determination of Parental Rights and Responsibilities; Best Interest. RSA 461-A:6, I is repealed and reenacted to read as follows:
\t\tI.(a) In determining parental rights and responsibilities and shared residential rights and responsibilities, the court shall be guided by the best interests of the child, and shall consider the following factors:
\t\t\t\t(1) An agreement made by the parties, including but not limited to, a parenting plan pursuant to RSA 461-A:4.
\t\t\t\t(2) A court finding by a preponderance of evidence of:
\t\t\t\t\t(A) Abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, with consideration to the impact of abuse or domestic violence on the child.
\t\t\t\t\t(B) Neglect, as defined in RSA 169-C:3, XIX.
\t\t\t\t\t(C) Interference with custody as defined in RSA 633:4.
\t\t\t\t\t(D) Incarceration of a parent, with due regard for the reason and the length of incarceration, as well as any unique issues that may arise as a result of incarceration.
\t\t\t\t\t(E) The ability and disposition of each parent to make joint decisions concerning the welfare of the child, foster a positive relationship and as well as frequent and continuing contact with the other parent as shown by allowing and promoting such contact, including whether such contact is likely to result in harm to the child or to a parent.
\t\t\t\t\t(F) The relationship of the child with any other person who may significantly affect the child.
\t\t\t\t\t(G) Any other additional factors the court deems relevant.
\t\t\t(b) In the absence of an agreement between the parties, or a determination of the parental rights and responsibilities for each child under subparagraph (a), the court shall issue an order that provides for frequent and continuing contact between each parent and the minor child or children and for the sharing of responsibilities of child-rearing and encouraging the love, affection, and contact between the minor child or children and the parents regardless of marital status, unless the court makes explicit findings that such contact is not in the best interest of the child. There shall be a rebuttable presumption that equal joint parental rights and responsibilities, and shared residential rights and responsibilities are in the best interest of the child or children.
\t\t\t(c) An objection by one parent to a proposed parenting arrangement, or an allegation that co-parenting is impossible, shall not be the sole basis for refusing the entry of an order that the court determines is in the best interest of the minor child. The court shall place in the record the specific factors and findings which justify any parenting arrangement not agreed to by both parents. This provision may be waived if agreed to by both parties.
\t2 New Paragraph; Modification of Parental Rights and Responsibilities. Amend RSA 461-A:11 by inserting after paragraph I the following new paragraph:
\t\tI-a. The court may modify an order concerning parental rights and responsibilities if the moving party establishes that circumstances have changed substantially since the last parenting order was issued and the court finds by clear and convincing evidence that modification of the order is in the best interests of the child. Modification of a parenting order under this paragraph may be requested by either party.
\t3 New Section; Parental Rights and Responsibilities; Penalty for Frivolous Action. Amend RSA 461-A by inserting after section 15 the following new section:
\t461-A:15-a Penalty for Frivolous Action. If the court finds that a party, by his or her conduct or action brought in court has acted in bad faith, vexatiously, wantonly, or for oppressive reasons, or where that party's conduct can be characterized as lacking in good faith, unreasonably obstinate, or oppressive, or where it should not have been necessary for a party to resort to court to enforce a clearly defined and established right, or where an action is frivolous, or where that party unreasonably failed to follow a court order, the court may award damages to the injured party and order the offending party to pay any or all of the following expenses or costs:
\t\tI. The reasonable child care and related expenses associated with the conduct or action.
\t\tII. The reasonable travel and related expenses associated with the conduct or action.
\t\tIII. The lost wages associated with the conduct or action.
\t\tIV. The reasonable attorney fees and costs associated with the conduct or action.
\t4 Effective Date. This act shall take effect January 1, 2017.