NH makes changes to its law on modification of parental rights and responsibilities

On May 31, 2016, Governor Hassan signed HB1280 into law. This bill expands the reasons and criteria for making a modification of parental rights and responsibilities to a parenting plan within our family court system.

The Bill:

House Bill (HB) 1280 add three new categories to New Hampshire RSA 461—A:11 (I). The first change is to allow the Court to modify the parties’ parenting schedule if the original plan was based in whole or in part on the travel time between the parents’ residence and that travel time has either increased or decreased, taking into account the best interest of the child.

The second addition is to allow the Court to modify the parties’ parenting schedule if the original schedule/allocation of parenting time was based in whole or in part on one parent’s work schedule and there has been a substantial change in that work schedule such that the existing order is not in the child’s best interest.

The third addition is to allow the Court to modify the allocation or schedule, or both, if the original schedule or allocation was based in whole or in part on the young age of the child based on the best interests of the child—provided that this change to the original schedule occurs at least 5 years after the prior order.

Lastly, HB 1280 adds a new paragraph to RSA 461-A:12 indicating that if the parties agree on or the Court authorizes the relocation of the residence of a child, the Court may then modify the parenting schedule or allocation of parenting time or both based on a finding that the change is in the best interests of the child.

 What’s next?

These additions to NH RSA 461-A:11 and 461-A:12 go into effect on January 1, 2017 and changes the burden on modification of parental right and responsibilities. If you have questions about these changes or think that you qualify to modify your parenting plan under one of these new criteria, please call the Law Office of Katherine J. Morneau to set up a consultation to further discuss these changes: Call 943-5647.