HB 236 - AS AMENDED BY THE HOUSE
HOUSE BILL 236
SPONSORS: Rep. Pearson, Rock. 34; Rep. Rouillard, Hills. 6; Rep. T. Le, Rock. 31
I. Provides a list of factors the court may consider in determining parental rights and responsibilities.
II. Establishes a presumption in favor of shared parental rights, including residential responsibility, resulting in not less than 35 percent of the parenting time for either parent.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3Jan2018... 0004h 17-0407
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings. The legislature finds that parenting time and responsibility shared equally between parents after a divorce tends to provide the best possible outcome for minor children after a divorce.
VIII. “Shared parenting” means an arrangement by which:
(a) To meet the best interests of the child, a child shall have not less than 35 percent parenting time with each parent appropriate to:
(1) The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.
(2) The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.
(3) The developmental age and status of the child.
(4) The child’s routine schedule of school and other activities.
(5) Holidays and other child-centered special events.
(6) The parent’s availability to fulfill parenting responsibilities.
(7) Any other factors the court deems relevant.
(b) The child’s material, developmental, educational, and emotional needs are provided by the parents according to the parents’ individual capability.
I.(a) Neither parent receives less than 35 percent of the parenting time and responsibilities without at least one of the following:
(1) An agreement made by the parties, including but not limited to, a parenting plan pursuant to RSA 461-A:4.
(2) A court finding by a preponderance of evidence of:
(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.
(B) Neglect, as defined in RSA 169-C:3, XIX.
(C) Interference with custody as defined in RSA 633:4.
(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.
(E) The ability and disposition of each parent to make joint decisions concerning the welfare of the child and foster a positive relationship with the other parent, and 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.
(F) The relationship of the child with any other person who may significantly affect the child.
(G) The parent with minority parenting time requests less than 35 percent of the parenting time and responsibilities.
(H) Any additional factors the court deems relevant and documents in the court order.
(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 continuing contact between each parent and the minor child or children and for the shared parenting 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 shared parenting and shared residential rights and responsibilities, resulting in not less than 35 percent of the parenting time and responsibilities for either parent, are in the best interest of the child or children.
(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.
I-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.
|Feb. 21, 2017||House||Hearing|
|Feb. 28, 2017||House||Exec Session|
|Nov. 9, 2017||House||Exec Session|
|Jan. 3, 2018||House||Floor Vote|
|Jan. 4, 2017||Introduced 01/04/2017 and referred to Judiciary HJ 2 P. 21|
|Jan. 4, 2017||Vacated to Children and Family Law Without Objection 01/04/2017 HJ 2 P. 15|
|Feb. 21, 2017||Public Hearing: 02/21/2017 02:00 PM LOB 206|
|Feb. 28, 2017||Executive Session: 02/28/2017 10:00 AM LOB 206|
|Retained in Committee|
|May 9, 2017||Retained Bill Subcommittee Work Session: 05/09/2017 10:00 AM LOB 206|
|June 6, 2017||Retained Bill Subcommittee Work Session: 06/06/2017 10:00 AM LOB 206|
|Sept. 12, 2017||Retained Bill Subcommittee Work Session: 09/12/2017 10:00 AM LOB 206|
|Oct. 24, 2017||Retained Bill Subcommittee Work Session: 10/24/2017 10:00 AM LOB 206|
|Nov. 9, 2017||Executive Session: 11/09/2017 10:00 AM LOB 206|
|Jan. 3, 2018||Majority Committee Report: Ought to Pass with Amendment # 2017-2520h for 01/03/2018 (Vote 8-6; RC)|
|Minority Committee Report: Inexpedient to Legislate|
|Jan. 3, 2018||Amendment # 2017-2520h: AA VV 01/03/2018 HJ 1 P. 47|
|Jan. 3, 2018||FLAM # 2018-0004h (Rep. Itse): AA VV 01/03/2018 HJ 1 P. 48|
|Jan. 3, 2018||Ought to Pass with Amendment 2520h and 0004h: MF RC 171-178 01/03/2018 HJ 1 P. 49|
|Jan. 3, 2018||Inexpedient to Legislate: MF RC 174-175 01/03/2018 HJ 1 P. 51|
|Jan. 3, 2018||Lay HB 236 on Table (Rep. Hinch): MA VV 01/03/2018 HJ 1 P. 53|
|March 7, 2018||Remove from Table (Rep. Itse): MF DV 138-191 03/07/2018 HJ 7 P. 22|