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HB245: relative to child custody decisions.

Bill status: Signed by Governor

Bill details

Version history, amendments, and roll-call votes were not present in the imported local bill data.

Sponsors

Topics

Criminal justice and courts Children and family law

Official links

CHAPTER 192

HB 245 - FINAL VERSION

25mar03... 0432h

2003 SESSION

03-0594

05/10

HOUSE BILL 245

AN ACT relative to child custody decisions.

AMENDED ANALYSIS

This bill clarifies that child custody decisions are case-specific, based on the overall welfare of the child, and may take into consideration the preference of a mature minor.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0432h

03-0594

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to child custody decisions.

Be it Enacted by the Senate and House of Representatives in General Court convened:

192:1 Annulment, Divorce and Separation; Support and Custody of Children; Custody Decision Based on Welfare of Child. Amend RSA 458:17, VI to read as follows:

VI. In making any order relative to such custody, the court shall not give any preference to either parent of the children because of the parent's sex. [The court may take into consideration any preference shown by said children.] The paramount and controlling consideration in deciding child custody is the overall welfare of the child, and there is no one formula for all cases, each case being determined by its particular facts. Considerable weight may be given to the stated preference of a mature minor, provided that preference was not unduly influenced. If the court determines that it is in the best interest and welfare of the children, it shall in its decree grant reasonable visitation privileges to a party who is a stepparent of the children or to the grandparents of the children pursuant to RSA 458:17-d. Nothing in this paragraph shall be construed to prohibit or require an award of custody to a stepparent or grandparent if the court determines that such an award is in the best interest of the child.

192:2 Effective Date. This act shall take effect January 1, 2004.

(Approved: June 30, 2003)

(Effective Date: January 1, 2004)