HB1280: relative to grounds for modification of parental rights and responsibilities.

CHAPTER 134

HB 1280 - FINAL VERSION

2016 SESSION

16-2282

05/01

HOUSE BILL 1280

AN ACT relative to grounds for modification of parental rights and responsibilities.

SPONSORS: Rep. Gargasz, Hills. 27; Rep. Froburg, Coos 3; Rep. DeSimone, Rock. 14; Sen. Carson, Dist 14

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides for modification of a parenting order based on a change in travel time required for visitation, a change in the parent's work schedule, or the age of the child. The bill also permits the court to modify a parenting order or schedule based on the relocation of a child's residence.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2282

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT relative to grounds for modification of parental rights and responsibilities.

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

134:1 New Subparagraphs; Parental Rights and Responsibilities; Grounds for Modification. Amend RSA 461-A:11, I by inserting after subparagraph (f) the following new subparagraphs:

(g) If one parent’s allocation of parenting time was based in whole or in part on the travel time between the parents’ residences at the time of the order and the parents are now living either closer to each other or further from each other by such distance that the existing order is not in the child’s best interest.

(h) If one parent’s allocation or schedule of parenting time was based in whole or in part on his or her work schedule and there has been a substantial change in that work schedule such that the existing order is not in the child’s best interest.

(i) If one parent’s allocation or schedule of parenting time was based in whole or in part on the young age of the child, the court may modify the allocation or schedule or both based on a finding that the change is in the best interests of the child, provided that the request is at least 5 years after the prior order.

134:2 Modification of Parental Rights and Responsibilities. Amend RSA 461-A:11, II to read as follows:

II. Except as provided in RSA 461-A:11, I(b)-[(f)] (i) for parenting schedules and RSA 461-A:12 for a request to relocate the residence of a child, the court may issue an order modifying any section of a permanent parenting plan based on the best interest of the child. RSA 461-A:5, III shall apply to any request to modify decision-making responsibility.

134:3 New Paragraph; Parental Rights and Responsibilities; Relocation. Amend RSA 461-A:12 by inserting after paragraph VIII the following new paragraph:

IX. If the parties agree on or the court authorizes the relocation of a residence of a child, the court may modify the allocation or schedule of parenting time or both based on a finding that the change is in the best interests of the child.

134:4 Effective Date. This act shall take effect January 1, 2017.

Approved: May 27, 2016

Effective Date: January 1, 2017