Bill Text: NH HB1392 | 2024 | Regular Session | Introduced

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Bill Title: Relative to consideration of the opinion of the child in determining parenting time.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2024-03-07 - Inexpedient to Legislate: Motion Adopted DV 219-121 03/07/2024 House Journal 7 P. 37 [HB1392 Detail]

Download: New_Hampshire-2024-HB1392-Introduced.html

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HB 1392  - AS INTRODUCED

 

 

2024 SESSION

24-2647

05/08

 

HOUSE BILL 1392

 

AN ACT relative to consideration of the opinion of the child in determining parenting time.

 

SPONSORS: Rep. Gibbons, Hills. 20

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides that the court shall consider the assessment of a child's therapist in determining a child's maturity and the weight to be given to the child's preference regarding parental rights and responsibilities.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2647

05/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to consideration of the opinion of the child in determining parenting time.

 

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

 

1  Determination of Parental Rights and Responsibilities; Preference of a Mature Minor.  Amend RSA 461-A:6, II to read as follows:

II.  If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the determination of parental rights and responsibilities.  Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child's preference, including whether the minor child's preference was based on undesirable or improper influences. If the child has a therapist, the court shall give due consideration to the therapist's assessment of the minor's maturity in determining the weight to give the child's preference as to the determination of parental rights and responsibilities.

2  Modification of Parental Rights and Responsibilities; Preference of a Mature Minor.  Amend RSA 461-A:11, I(e) to read as follows:

(e)  If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live.  Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child's preference, including whether the minor child's preference was based on undesirable or improper influences.  If the child has a therapist, the court shall give due consideration to the therapist's assessment of the minor's maturity in determining the weight to give the child's preference as to the modification of parental rights and responsibilities.

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