Revision: Dec. 1, 2021, 12:14 p.m.
HB 1382 - AS INTRODUCED
2022 SESSION
22-2534
07/05
HOUSE BILL 1382
SPONSORS: Rep. Kofalt, Hills. 4; Rep. Abrami, Rock. 19; Rep. Post, Hills. 4; Rep. Yakubovich, Merr. 24; Rep. Yokela, Rock. 33; Rep. Homola, Hills. 27; Rep. Love, Rock. 6; Rep. Spillane, Rock. 2; Rep. Bernardy, Rock. 16; Sen. Avard, Dist 12; Sen. Ward, Dist 8; Sen. Daniels, Dist 11
COMMITTEE: Children and Family Law
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ANALYSIS
This bill:
I. Clarifies that the fact that a child is home schooled is not dispositive in allocating parental rights and responsibilities.
II. Establishes a rebuttable presumption that equal parenting time is in the best interest of the child and requires the court to provide the basis for finding that the presumption does not apply in a particular case.
III. Provides that both parents shall have access to the child's records unless the parenting plan or court order provides otherwise.
IV. Provides that the court shall give substantial weight to the input of a mature minor who is at least 14 years of age.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22-2534
07/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Determination of Parental Rights and Responsibilities; Best Interest; Home School Decision Not Dispositive. Amend RSA 461-A:6, I(d) to read as follows:
(d) The quality of the child's adjustment to the child's school and community and the potential effect of any change. The fact that a parent sends his or her child to a home school shall not be the sole factor that a court considers in determining parental rights and responsibilities for such child.
2 New Paragraph; Parental Rights and Responsibilities; Determination of Parental Rights and Responsibilities; Best Interest; Presumption of Shared Parenting Established. Amend RSA 461-A:6 by inserting after paragraph I-a the following new paragraph:
I-b. The court shall determine residential responsibility and parenting time in accordance with the best interests of the child.
(a) There shall be a presumption that an award of equal, 182.5 days of parenting time to each parent is in the best interest of the child.
(b) The presumption that equal, 182.5 days of parenting time per calendar year is in the best interest of the child may be rebutted:
(1) If the court finds by clear and convincing evidence that equal, 182.5 days per calendar year of parenting time is not in the best interest of the child;
(2) If the parties have reached an alternative agreement on all issues related to parental rights and responsibilities for the child;
(3) If one of the parties does not request sole, primary, or joint responsibility for the child;
(4) If evidence of abuse under subparagraph I(j) or criminal assault or abuse under paragraph IV is established; or
(5) If one of the parties is charged with interference with custody under RSA 633:4.
(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 for equal, 182.5 days of parenting time with each parent.
(d) After a hearing on the merits, if the court determines that the presumption in subparagraph I-b(b) is rebutted, the court shall enter a written order that includes the following, unless waived by both parties:
(1) Facts, findings, and conclusions of law concerning the basis for the court's determination; and
(2) A parenting time schedule that:
(A) Maximizes the amount of time that each parent has with the child; and
(B) Is consistent with the best interests of the child.
(e)(1) Unless the court order or parenting plan specifically provides otherwise, both parents shall have access to records and information pertaining to a minor child including, but not limited to, medical, dental, and school records.
(2) Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney’s fees, court costs and lost wages of the parent they have denied record access, all fee associated with obtaining the requested information.
3 Parental Rights and Responsibilities; Determination of Parental Rights and Responsibilities; Best Interest; Child Input Specified. Amend RSA 461-A:6, II to read as follows:
II. If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment and at least fourteen years old, the court may give substantial weight to the [preference] input of the mature minor child as to the determination of parental rights and responsibilities. Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child's [preference] input, including whether the minor child's [preference] input was based on undesirable or improper influences.
4 Effective Date. This act shall take effect January 1, 2023.