Bill > HB285

This bill modifies the existing law governing parental rights and responsibilities by adding a new factor for courts to consider when determining custody and parental arrangements. Specifically, the bill amends the current statute to explicitly instruct courts to take into account "any known mental health conditions of the parent" when making decisions about parental rights. This change means that if a parent has a documented mental health condition, the court can now formally consider how that condition might impact their ability to care for their children. The bill will take effect on January 1, 2026, and while it does not provide additional funding, the Judicial Branch anticipates that this change could potentially increase litigation as courts and legal professionals develop precedent around how to appropriately weigh mental health information. The fiscal note suggests that the additional litigation might cost between $10,000 and $100,000 in the early years as the legal system adaps to interpreting this new guidance. The bill aims to provide courts with more comprehensive information when making critical decisions about children's living arrangements and parental responsibilities.

Justice

https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=0631&sy=2025&sortoption=&txtsessionyear=2025&txtbillnumber=HB285