2002 SESSION

02-3014

05/09

SENATE BILL 310

COMMITTEE: Judiciary

ANALYSIS

This bill provides that child custody shall not be granted solely for financial considerations. The bill also provides that the court shall take into consideration the children's primary caretaker before the divorce.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02-3014

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

1 Annulment, Divorce and Separation; Support and Custody of Children; Custody Based on Consideration of Primary Caretaker, Not Finances. 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 shall not base a custody determination solely on a comparison of the parents' financial resources. The court shall take into consideration the children's primary caretaker prior to the separation, and the court may take into consideration any preference shown by said children. 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.

2 Effective Date. This act shall take effect January 1, 2003.