Revision: Nov. 30, 2017, 3:27 p.m.
HB 1774 - AS INTRODUCED
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
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.
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."
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.
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.
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. Factors justifying shorter notice shall include, but are not limited to, relocation to protect the safety of the parent or child or both.
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.
6 Effective Date. This act shall take effect January 1, 2019.