9march00.....3585h

4/20/00.....4135s

2000 SESSION

00-2463

04/09

HOUSE BILL 1242

COMMITTEE: Children and Family Law

AMENDED ANALYSIS

This bill establishes criteria under which the court may order a modification of a permanent child custody order.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9march00.....3585h

4/20/00 4135s

00-2463

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

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

145:1 Annulment, Divorce, and Separation; Standard for Modification of Permanent Child Custody Orders. RSA 458:17, V is repealed and reenacted to read as follows:

V.(a) The court may issue an order modifying a permanent custody order under any of the following circumstances:

(1) The parties agree to a modification;

(2) If the court finds repeated, intentional, and unwarranted interference by a parent who has permanent primary physical or permanent joint or shared physical custody with the visitation or custodial rights of the other parent, the court may order a change in physical custody without the necessity of showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child;

(3) The circumstances affecting the welfare of the child have been so greatly altered that there is a strong possibility that the child will be harmed if the child continues to live under the present arrangement; or

(4) If the court finds that a minor child is of sufficient maturity to make a sound judgment about his or her proper custody, 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, but not limited to, whether the minor child's preference was based on undesirable or improper influences.

(b) For the purposes of this paragraph, the burden of proof shall be on the moving party.

145:2 Effective Date. This act shall take effect January 1, 2001.

(Approved: May 23, 2000)

(Effective Date: January 1, 2001)