Revision: Jan. 3, 2023, 11:11 a.m.
HB 185-FN - AS INTRODUCED
2023 SESSION
23-0366
06/05
HOUSE BILL 185-FN
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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ANALYSIS
This bill creates a presumption of parental rights and responsibilities based on shared parenting and shared access to the child's records.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0366
06/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 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 pursuant to RSA 461-A:2, I(a).
(a) There shall be a presumption that an award of equal parenting time for each parent is in the best interest of the child.
(b) The presumption that equal 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 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 a court order finding that equal parenting time is not in the best interest of the child.
(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 and clear and convincing evidence 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 too, 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.
2 Effective Date. This act shall take effect upon passage.
23-0366
12/12/22
HB 185-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
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 creates a presumption of parental rights and responsibilities based on shared parenting
and shared access to the child's records. 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 whether, by creating a presumption of equal parenting time, there will be an increase or decrease in litigation as the meaning of the new language creating a presumption of equal parenting time is subject to interpretation by the courts. The Branch is unable to determine how many cases would be affected, or how long any increase in litigation would last. The Branch is therefore unable to determine what fiscal impact this bill would have on parental rights litigation in the Family Division and appeals filed with the Supreme Court.
It is assumed any fiscal impact would occur after FY 2023.
AGENCIES CONTACTED:
Judicial Branch