Bill > HB1770

This bill establishes a constitutional presumption of equal parenting time in New Hampshire, fundamentally changing how child custody and parenting time are determined after separation or divorce. The bill replaces the previous "best interest of the child" standard with a presumption that children benefit most from 50/50 parenting time, defined as each parent receiving exactly 50 percent of annual overnights. Parents are presumed fit unless proven unfit through clear and convincing evidence of specific harm, such as abuse, neglect, domestic violence, or parental incapacity. The bill requires courts to apply strict scrutiny when considering any reduction in a fit parent's parenting time, mandating that any such limitation must be narrowly tailored to prevent identifiable harm and represent the least restrictive means of protecting the child's rights. Importantly, general parenting style differences or judicial opinions about what might be "best" are explicitly deemed insufficient grounds to deviate from equal parenting time. The legislation will take effect on January 1, 2027, and applies to original custody suits, temporary orders, and modification proceedings, with additional judicial review required for orders granting less than 50/50 shared parenting.

Justice

https://gc.nh.gov/bill_Status/billinfo.aspx?id=2347&inflect=2