HB1774 (2018) Detail

Relative to parenting plans and relocation of a child's residence.


CHAPTER 202

HB 1774 - FINAL VERSION

 

6Mar2018... 0638h

2018 SESSION

18-2952

05/01

 

HOUSE BILL 1774

 

AN ACT relative to parenting plans and relocation of a child's residence.

 

SPONSORS: Rep. Gargasz, Hills. 27; Rep. S. Schmidt, Carr. 6; Rep. P. Long, Hills. 10; Sen. Lasky, Dist 13

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill requires parenting plans to include a detailed parenting schedule, revises factors for determining the best interests of the child, and revises the statutory criteria governing relocation.

 

The bill is a request of the study committee on parental rights and responsibilities established in 2016, 281.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0638h 18-2952

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to parenting plans and relocation of a child's residence.

 

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

 

202:1  Content of Parenting Plans.  Amend RSA 461-A:4, II(g) to read as follows:

(g)  Procedure for review and adjustment of the plan, including the grounds for modification in RSA 461-A:11.

202:2  New Paragraph; Parenting Plan; Parenting Schedule.  Amend RSA 461-A:4 by inserting paragraph V the following new paragraph:

VI.  Each parenting plan shall include a detailed parenting schedule for the child, specifying the periods when each parent has residential responsibility or non-residential parenting time.  Neither parent shall be described as having the child "reside primarily" with him or her or as having "primary residential responsibility" or "custody" or be designated as the "primary residential parent."

202:3  Determination of Best Interests of the Child.  Amend RSA 461-A:6, I(l) to read as follows:

(l)  The policy of the state regarding the determination of parental rights and responsibilities described in RSA 461-A:2.

(m)  Any other additional factors the court deems relevant.

202:4  New Paragraph; Determination of Best Interests of the Child.  Amend RSA 461-A:6 by inserting after paragraph I the following new paragraph:

I-a.  If the court concludes that frequent and continuing contact between each child and both parents is not in the best interest of the child, the court shall make findings supporting its order.

202:5  Relocation of the Residence of a Child.  Amend RSA 461-A:12, I-IV to read as follows:

I.  This section shall apply [if the existing parenting plan, order on parental rights and responsibilities, or other enforceable agreement between the parties does not expressly govern the relocation issue] any time after the filing of a parenting petition or a divorce petition.  This section shall not apply if the relocation results in the residence being closer to the other parent or to any location within the child's current school district.

II.  This section shall apply to the relocation of any residence in which the child resides at least 150 days a year.

II-a.  A parent shall not relocate a child without a court order unless  relocation is necessary to protect the safety of the parent or child, or both.

III.  Prior to relocating, the parent shall provide reasonable notice to the other parent.  For purposes of this section, 60 days notice shall be presumed to be reasonable unless other factors are found to be present, or the parents have a written agreement to the contrary.  Factors justifying shorter notice shall include, but are not limited to, relocation to protect the safety of the parent, child, or both, or relocation because the current abode is unavailable due to circumstances beyond the control of the parent.

IV.  At the request of either parent, the court shall hold a hearing on the relocation issue.  Either party may request that the court issue ex parte orders as provided in RSA 461-A:9 to prevent or allow relocation of the child.  The court shall hold an evidentiary hearing on the relocation request in the following manner:

(a)  In an open divorce or parenting case, the court shall hold a hearing within 30 days of the request for a hearing on the relocation issue.

(b)  Following a petition to re-open a closed divorce or parenting case, the court shall hold a hearing within 30 days of service of the petition on the other party.

(c)  The court may notice the initial hearing on relocation as a final hearing on relocation.  If the court determines it needs additional information or time to make a final determination on the relocation of the child, it shall notice the initial hearing as a temporary hearing on the relocation issue.  After the temporary hearing, the court shall issue a temporary order on the relocation request and schedule a final hearing no later than 60 days from the temporary hearing date, unless the parties agree otherwise.

202:6  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 08, 2018

Effective Date: August 07, 2018

Links

HB1774 at GenCourtMobile

Action Dates

Date Body Type
Feb. 13, 2018 House Hearing
Feb. 20, 2018 House Exec Session
Feb. 21, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
March 29, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote

Bill Text Revisions

HB1774 Revision: 4105 Date: June 13, 2018, 10:23 a.m.
HB1774 Revision: 3678 Date: May 2, 2018, 3:08 p.m.
HB1774 Revision: 3210 Date: March 8, 2018, 12:07 p.m.
HB1774 Revision: 2326 Date: Nov. 30, 2017, 3:27 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Children and Family Law HJ 1 P. 23
Feb. 13, 2018 Public Hearing: 02/13/2018 11:00 AM LOB 206
Feb. 20, 2018 Executive Session: 02/20/2018 11:00 AM LOB 206
Feb. 21, 2018 ==RESCHEDULED== Executive Session: 02/21/2018 11:00 AM LOB 206
Committee Report: Ought to Pass with Amendment # 2018-0638h (Vote 13-0; CC)
March 6, 2018 Committee Report: Ought to Pass with Amendment # 2018-0638h for 03/06/2018 (Vote 13-0; CC) HC 9 P. 5
March 6, 2018 Amendment # 2018-0638h: AA VV 03/06/2018 HJ 6 P. 7
March 6, 2018 Ought to Pass with Amendment 0638h: MA VV 03/06/2018 HJ 6 P. 7
March 8, 2018 Introduced 03/08/2018 and Referred to Judiciary; SJ 7
March 29, 2018 Hearing: 03/29/2018, Room 100, SH, 10:15 am; SC 14
May 2, 2018 Committee Report: Ought to Pass, 05/02/2018; Vote 5-0; CC SC 19
May 2, 2018 Ought to Pass: MA, VV; OT3rdg; 05/02/2018; SJ 15
May 10, 2018 Enrolled (In recess 05/10/2018); SJ 18
May 10, 2018 Enrolled 05/10/2018
June 8, 2018 Signed by Governor Sununu 06/08/2018; Chapter 202; Eff. 8/7/2018