Lincoln Brubaker

To the Members of the Children and Family Law Committee: I submit this testimony in strong support of HB1770, relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time. As a non-resident of New Hampshire, I have spent the last four years guiding parents nationwide through severe, high-conflict divorce and custody cases. I have directly worked with and advised over 200 parents facing the family court system. This lived experience has repeatedly demonstrated how the current discretionary "best interests" standard often results in unnecessary early separation of children from one fit parent—typically via temporary orders at the outset of divorce—causing immediate instability, emotional harm to children, and long-term damage to parent-child bonds. A key issue is that the starting standard is not equal (50/50). Without beginning from a presumption of equal parenting time, the extended period while the case progresses cannot be accurately used for observation and assessment by professionals (e.g., guardians ad litem, evaluators, therapists, or courts). Instead of observing a child's balanced involvement with both fit parents in real time, assessments often rely on an imbalanced status quo created by initial unequal orders. This robs children of fair and equal access to both parents during a critical formative period, exacerbating conflict and depriving professionals of reliable data on true family dynamics. HB1770 corrects this by establishing a constitutional presumption of equal parenting time (50/50 overnight split) from the start, with only limited deviations allowed and strict scrutiny (clear and convincing evidence of specific harm under RSA 170-C:5 standards) required for reductions. This ensures the observation phase reflects equal involvement, promotes stability, reduces unnecessary separations, and better serves child well-being. This risk is exemplified by the recent tragic school shooting in Tumbler Ridge, British Columbia (February 10, 2026), where the 18-year-old perpetrator had a documented history of family estrangement, custody-related nomadic moves between provinces, and isolation—factors linked in reports to parental conflicts and limited equal involvement. Such extreme outcomes underscore how outdated discretionary rules in family law can contribute to youth struggles, mental health crises, and societal harm if not reformed. We have many opportunities now to update laws toward equal presumptions, or we risk serious future challenges for youth nationwide. Based on my extensive experience with over 200 parents in severe cases, HB1770 is essential to prevent avoidable harm from the outset of divorce. I urge the committee to report the bill favorably. Thank you for your consideration. I am available for follow-up. Sincerely, A Humanitarian Father Lincoln Brubaker