Revision: Feb. 29, 2024, 1:11 p.m.
Rep. Gibbons, Hills. 20
February 21, 2024
2024-0827h
05/06
Floor Amendment to HB 1392
Amend the bill by replacing sections 1 and 2 with the following:
1 Determination of Parental Rights and Responsibilities; Preference of a Mature Minor. 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, the court may give substantial weight to the preference 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, including whether the minor child's preference was based on undesirable or improper influences. If the child has a therapist and the therapist has an opinion relative to the minor’s maturity to make a sound judgment and that opinion is shared with the court, the court shall give consideration to the therapist’s input when determining whether the child is of sufficient maturity to make a sound judgment before determining the weight to give the child’s preference as to the determination of parental rights and responsibilities. If the child does not have a personal therapist, but the child's school counselor has an opinion relative to the minor's maturity, the school counselor's opinion shall be considered by the court in the same manner as that of a therapist. With the consent of the parties, the judge may interview the child separately.
2 Modification of Parental Rights and Responsibilities; Preference of a Mature Minor. Amend RSA 461-A:11, I(e) to read as follows:
(e) If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live. Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child's preference, including whether the minor child's preference was based on undesirable or improper influences. If the child has a therapist and the therapist has an opinion relative to the minor’s maturity to make a sound judgment and that opinion is shared with the court, the court shall give consideration to the therapist’s input when determining whether the child is of sufficient maturity to make a sound judgment before determining the weight to give the child’s preference as to the determination of parental rights and responsibilities. If the child does not have a personal therapist, but the child's school counselor has an opinion relative to the minor's maturity, the school counselor's opinion shall be considered by the court in the same manner as that of a therapist. With the consent of the parties, the judge may interview the child separately.