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RSA 461-A:5 · Decision-making Responsibility

Title
XLIII: DOMESTIC RELATIONS
Chapter
461-A · PARENTAL RIGHTS AND RESPONSIBILITIES
Status
current
Official source linked
Yes
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461-A:5 Decision-making Responsibility. – Except as provided in paragraph III, in the making of any order relative to decision-making responsibility, there shall be a presumption, affecting the burden of proof, that joint decision-making responsibility is in the best interest of minor children:

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I.

Where the parents have agreed to an award of joint decision-making responsibility or so agree in open court at a hearing for the purpose of determining parental rights and responsibilities for the minor children of the marriage. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.

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II.

Upon the application of either parent for joint decision-making responsibility, in which case it may be awarded at the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint decision-making responsibility is appropriate under this section, the court may appoint a guardian ad litem to represent the interests of the children according to the provisions of RSA 461-A:16. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.

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III.

Where the court finds that abuse as defined in RSA 173-B:1, I has occurred, the court shall consider such abuse as harmful to children and as evidence in determining whether joint decision-making responsibility is appropriate. In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the children or the abused spouse or both. If joint decision-making responsibility is granted despite evidence of abuse, the court shall provide written findings to support the order. Source. 2005, 273:1, eff. Oct. 1, 2005.

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Source note

Source. 2005, 273:1, eff. Oct. 1, 2005.

Source history

  • 2005, 273:1, eff. Oct. 1, 2005

Related materials

Bill relationships

  • 2026 HB1323 amend · effective 2027-01-01

    d, without good cause, the court shall order a remedy, which may include, but not be limited to: 4 Parental Rights and Responsibilities; Decision-making Responsibility. Amend RSA 461-A:5, III to read as follows: III. Where the court finds that abuse as defined in RSA 173-B:1, I, or parental alienation as defined in RSA 461-A:1, IV-a, has occurred, the court shall consider such abuse or parental alie

  • 2026 HB1323-FN amend · effective 2027-01-01

    d, without good cause, the court shall order a remedy, which may include, but not be limited to: 4 Parental Rights and Responsibilities; Decision-making Responsibility. Amend RSA 461-A:5, III to read as follows: III. Where the court finds that abuse as defined in RSA 173-B:1, I, or parental alienation as defined in RSA 461-A:1, IV-a, has occurred, the court shall consider such abuse or parental alie

  • 2026 HB1378 reference

    guardian; (b) When the parent or legal guardian is the subject of a protective order involving the minor child or one of the minor child’s siblings issued pursuant to RSA 173-B, RSA 461-A, or RSA 633:3-a, or when a court of competent jurisdiction has determined that the release of the records to a parent or legal guardian is not in the child’s best interest; or (c) When a health care provider has deter

  • 2026 HB1615 reference · effective 2027-01-01

    rning licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or approval unl

  • 2026 HB1615-FN reference · effective 2027-01-01

    rning licensed marriage, divorce, legal separation, annulment, spousal support, child custody, parental rights, and related matters, including but not limited to RSA 457, RSA 458, RSA 461-A, RSA 490-D, and applicable doctrines of equity. VIII. "Filing" means submission of a document to the department of state for administrative purposes only, not constituting judicial review, recording, or approval unl

  • 2026 HB1781 reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 461-A by making the following changes to child support laws. The bill: Removes the portion of the statute that caps child support at two months after a child’s 19th birthday, replacing it with a cap at 22 years old; Provide

  • 2026 HB1781-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 461-A by making the following changes to child support laws. The bill: Removes the portion of the statute that caps child support at two months after a child’s 19th birthday, replacing it with a cap at 22 years old; Provide

  • 2026 HB709 reference · effective 2026-07-01

    ld resides or where such parent pays property or school district taxes, provided such parent resides in New Hampshire. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child's legal residence [for school attendance purposes] may be the school district in which either parent resides or pays property or school district taxes, provided such parent resides in New Hampshire, and provide

  • 2026 HB709-FN reference · effective 2026-07-01

    ld resides or where such parent pays property or school district taxes, provided such parent resides in New Hampshire. In a divorce decree, or parenting plan developed pursuant to RSA 461-A, a child's legal residence [for school attendance purposes] may be the school district in which either parent resides or pays property or school district taxes, provided such parent resides in New Hampshire, and provide

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