SB 218 - AS INTRODUCED

2003 SESSION

03-1197

05/01

SENATE BILL 218

AN ACT establishing a study committee to examine child custody and support laws and practices in New Hampshire.

SPONSORS: Sen. Below, Dist 5

COMMITTEE: Judiciary

ANALYSIS

This bill establishes a study committee to examine the fairness and equity of child custody and support laws and practices in New Hampshire.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-1197

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT establishing a study committee to examine child custody and support laws and practices in New Hampshire.

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

1 Committee Established. There is established a committee to examine the fairness and equity of child custody and support laws and practices in New Hampshire.

2 Membership and Compensation.

I. The members of the committee shall be as follows:

(a) Three members of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3 Duties. The committee shall:

I. Review the provisions of RSA 458:17 and court rules regarding the support and custody of children and how they are implemented in practice; and recommend changes to make the practice more equitable, to minimize incentives for unnecessary adversarial proceeding between parents, and to promote better outcomes for children and families.

II. Consider the establishment of minimum standards of behavior and responsibility, which if met by a parent, entitle them to legal custody or joint legal custody, barring extraordinary findings by a judge that such custody would be harmful to a child.

III. Consider improved and more specific standards for the sharing of child support costs to include an accounting of medical and dental costs and a pro ration of costs based on the number of days in each month when a parent has physical custody rights, whether during visitation or otherwise.

4 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

5 Report. The committee shall report its findings and any recommendations for proposed legislation to the senate president, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2003.

6 Effective Date. This act shall take effect upon its passage.