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NH HB1770
Bill
Status
12/17/2025
Primary Sponsor
Matt Sabourin
Click for details
AI Summary
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Establishes a constitutional presumption of equal parenting time (50/50 overnight split) in all child custody cases, replacing the current discretionary "best interest of the child" standard in RSA 461-A:2
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Presumes both parents are fit unless proven unfit by clear and convincing evidence; courts cannot require a parent to prove fitness
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Limits grounds for deviating from equal parenting to abuse, neglect, domestic violence causing actual harm, or parental incapacity—general conflict or parenting style differences are explicitly insufficient to rebut the presumption
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Requires any order reducing a fit parent's equal parenting time to undergo strict scrutiny, with written findings demonstrating a compelling state interest, narrow tailoring, and no less restrictive alternative
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Mandates judicial officer review and signature on all orders granting less than 50/50 parenting time; effective date is January 1, 2027
Legislative Description
Relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time.
Last Action
Inexpedient to Legislate: Motion Adopted Voice Vote 03/11/2026 House Journal 7
3/11/2026