CHAPTER 162

HB 52 – FINAL VERSION

15Mar2011… 0480h

05/11/11 1678s

2011 SESSION

11-0191

05/04

HOUSE BILL 52

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

SPONSORS: Rep. Gargasz, Hills 5; Rep. J. Johnson, Ches 6; Sen. Stiles, Dist 24

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill permits the court to modify a permanent parenting order based on the best interests of the child if the modification makes no more than a minimal change in the allocation of parenting time.

The bill also permits modification of a parenting plan based on the best interests of the child, other than the sections of the plan concerning relocation or the parenting schedule.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0480h

05/11/11 1678s

11-0191

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

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:

162:1 New Subparagraph; Grounds for Modification of Parenting Rights and Responsibilities. Amend RSA 461-A:11, I by inserting after subparagraph (e) the following new subparagraph:

(f) The modification makes either a minimal change or no change in the allocation of parenting time between the parents, and the court determines that such change would be in the best interests of the child.

162:2 Modification of Parenting Plan. Amend RSA 461-A:11, II to read as follows:

II. Except as provided in RSA 461-A:11, I (b) - (f) 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.

III. For the purposes of this section, the burden of proof shall be on the moving party.

162:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 14, 2011

Effective Date: August 13, 2011