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NH HB1770

Bill

Status

Introduced

12/17/2025

Primary Sponsor

Matt Sabourin

Click for details

Origin

House of Representatives

2026 Regular Session

AI Summary

  • 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

  • Presumes both parents are fit unless proven unfit by clear and convincing evidence; courts cannot require a parent to prove fitness

  • 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

  • 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

  • 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

Committee Referrals

Children and Family Law12/17/2025

Full Bill Text

No bill text available