HB 185-FN - AS AMENDED BY THE HOUSE
3Jan2024... 2378h
2023 SESSION
23-0366
06/05
HOUSE BILL 185-FN
AN ACT relative to the determination of parental rights and responsibilities based on shared parenting.
SPONSORS: Rep. Post, Hills. 42; Rep. Terry, Belk. 7; Rep. Moulton, Hills. 20; Rep. Porcelli, Rock. 19; Rep. Kofalt, Hills. 32; Rep. Edwards, Rock. 31; Rep. Harley, Rock. 30; Rep. Potucek, Rock. 13; Rep. Polozov, Merr. 10; Rep. K. Perez, Rock. 16; Sen. Avard, Dist 12; Sen. Ward, Dist 8
COMMITTEE: Children and Family Law
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AMENDED ANALYSIS
This bill provides that it is a state policy to support approximately equal parenting time between a child and parent unless such an arrangement is clearly detrimental to the child. The bill also provides that if the court concludes that approximately equal parenting time is not in the best interest of the child, the court shall make findings supporting its order.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3Jan2024... 2378h 23-0366
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the determination of parental rights and responsibilities based on shared parenting.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Statement of Purpose. Amend RSA 461-A:2, I(a) to read as follows:
(a) Support [frequent and continuing contact] approximately equal parenting time between each child and both parents.
2 Determination of Parental Rights and Responsibilities; Best Interest. Amend RSA 461-A:6, I-a to read as follows:
I-a. If the court concludes that [frequent and continuing contact] approximately equal parenting time between each child and both parents is not in the best interest of the child, the court shall make findings supporting its order.
3 Effective Date. This act shall take effect January 1, 2025.
23-0366
Amended 1/8/24
HB 185-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-2378h)
AN ACT relative to the determination of parental rights and responsibilities based on shared parenting.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2024 | FY 2025 | FY 2026 | FY 2027 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill provides that it is a state policy to support approximately equal parenting time between
a child and parent unless such an arrangement is clearly detrimental to the child. The bill also provides that if the court concludes that approximately equal parenting time is not in the best interest of the child, the court shall make findings supporting its order. The Judicial Branch is unable to determine what impact this bill would have on parental rights litigation in the Family Division and appeals filed with the Supreme Court. The Branch is unable to determine how many cases would be affected, or how long any increase in litigation would last. Therefore, the Branch is unable to determine the fiscal impact this bill would have on parental rights litigation in the Family Division and appeals filed with the Supreme Court.
AGENCIES CONTACTED:
Judicial Branch
| Date | Amendment |
|---|---|
| Oct. 26, 2023 | 2023-2351h |
| Nov. 6, 2023 | 2023-2378h |
| Date | Body | Type |
|---|---|---|
| Feb. 21, 2023 | House | Hearing |
| March 7, 2023 | House | Exec Session |
| Oct. 31, 2023 | House | Exec Session |
| Oct. 31, 2023 | House | Hearing |
| Oct. 31, 2023 | House | Exec Session |
| Oct. 31, 2023 | House | Floor Vote |
| March 28, 2024 | Senate | Hearing |
| May 2, 2024 | Senate | Floor Vote |
May 2, 2024: Committee Report: Referred to Interim Study, 05/23/2024, Vote 4-1;
May 2, 2024: Special Order to 05/23/2024, Without Objection, MA; 05/02/2024 SJ 11
April 25, 2024: Committee Report: Referred to Interim Study, 05/02/2024, Vote 4-1; SC 17
March 20, 2024: Hearing: 03/28/2024, Room 100, SH, 09:00 am; SC 12
Feb. 26, 2024: Introduced 02/21/2024 and Referred to Judiciary; SJ 6
Jan. 4, 2024: Ought to Pass with Amendment 2023-2378h: MA RC 202-172 01/03/2024 HJ 1 P. 70
Jan. 3, 2024: Amendment # 2023-2378h: AA VV 01/03/2024 HJ 1 P. 70
Nov. 6, 2023: Minority Committee Report: Inexpedient to Legislate
Nov. 6, 2023: Majority Committee Report: Ought to Pass with Amendment # 2023-2378h (NT) 10/31/2023 (Vote 9-7; RC) HC 49 P. 24
Oct. 12, 2023: Executive Session: 10/31/2023 10:00 am LOB 206-208 HC 41
Oct. 25, 2023: Public Hearing on non-germane Amendment # 2023-2351h: 10/31/2023 09:30 am LOB 206-208
Oct. 12, 2023: Executive Session: 10/31/2023 09:30 am LOB 206-208 HC 41
Aug. 30, 2023: Subcommittee Work Session: 10/03/2023 01:00 pm LOB 206-208
March 8, 2023: Retained in Committee
Feb. 16, 2023: Executive Session: 03/07/2023 09:30 am LOB 206-208
Feb. 9, 2023: Public Hearing: 02/21/2023 02:00 pm LOB 206-208
Jan. 3, 2023: Introduced 01/04/2023 and referred to Children and Family Law