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HB121: relative to grounds for modification of a permanent child custody order.
Bill details
Version history, amendments, and roll-call votes were not present in the imported local bill data.
Sponsors
- Margaret Hallyburton House · Hills 45
Topics
Criminal justice and courts Children and family law
Official links
CHAPTER 8
HB 121 – FINAL VERSION
06mar03… 0320h
01/08/04 2531s
2004 SESSION
03-0318 05/09
HOUSE BILL 121
AN ACT relative to grounds for modification of a permanent child custody order.
ANALYSIS
This bill:
I. Provides that, if divorced parents agree that a current joint custody arrangement is not working, the court may modify physical custody based on the best interests of the child.
II. Changes the standard by which custody may be modified based on a change in circumstances detrimental to the child.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06mar03… 0320h
01/08/04 2531s
03-0318
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Four
AN ACT relative to grounds for modification of a permanent child custody order.
Be it Enacted by the Senate and House of Representatives in General Court convened:
8:1 Annulment, Divorce, and Separation; Support and Custody of Children; Modification of Permanent Custody Order. Amend RSA 458:17, V(a)(3) and (4) to read as follows:
(3) [The circumstances affecting the welfare of the child have been so greatly altered that there is a strong possibility that the child will be harmed if the child continues to live under the present arrangement; or] If the court finds by clear and convincing evidence that the child’s present environment is detrimental to the child’s physical, mental, or emotional health and that the advantage to the child of modifying a permanent custody order outweighs the harm likely to be caused by the change in environment;
(4) If the court finds that a minor child is of sufficient maturity to make a sound judgment about his or her proper custody, 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, but not limited to, whether the minor child's preference was based on undesirable or improper influences[.] ; or
(5) If the parties have substantially equal periods of physical custody and each asserts that the original joint custody arrangement is not working, the court may order a change in physical custody based on a finding that the change in custody is in the best interests of the child.
8:2 Effective Date. This act shall take effect 60 days after its passage.
(Approved: April 5, 2004)
(Effective Date: June 4, 2004)