HB1392 (2024) Compare Changes


Unchanged Version

Text to be removed highlighted in red.

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.

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.

3 Effective Date. This act shall take effect 60 days after its passage.

Changed Version

Text to be added highlighted in green.

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, the court shall give due consideration to the therapist 's assessment of the minor's maturity in determining the weight to give the child's preference as to the determination of parental rights and responsibilities.

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, the court shall give due consideration to the therapist 's assessment of the minor's maturity in determining the weight to give the child's preference as to the modification of parental rights and responsibilities.

3 Effective Date. This act shall take effect 60 days after its passage.