Pending NH family law legislation roundup
Proposed bills before the legislator currently range in topics from taxes and zoning issues to memorializing state representatives. Several bills relate to family law topics, and I have compiled a sampling below. You can find the complete 2008 House Proposed Introduction List online.
Divorce: House Bill 1280 proposes to remove what is now called divorce by irreconcilable differences and replace it with divorce based on mutual consent. The most important thing to note about this change is the requirement that if a person seeks a divorce and has also filed a restraining order they must proceed on fault grounds in the divorce. The problem with this bill is that some divorces are not by mutual consent, although there are no fault grounds just simply that the parties from the perspective of at least one spouse cannot get along. Additionally, forcing a person to seek a divorce based on fault grounds is a bad idea. While fault grounds are certainly appropriate in some instances, they are not appropriate in all instances where the fault may exist as it can inflame a situation and lead to unnecessary, protracted litigation.
Parental Notification: House Bill 1495 restores the parental notification law for a pregnant minor seeking an abortion and adds a medical emergency exception to such law. The bill also affords the minor 24-hour access to a judge for waiver of notification. This legislation follows up the protracted battle about New Hampshire's previous law about this matter. In 2003, New Hampshire passed a parental notification law that did not have a medical emergency exception. Litigation ensued and the United States Supreme Court ruled in Ayotte v. Planned Parenthood that the law was unconstitutional without a medical emergency exception. This bill reinstates the parental notification with a medical emergency exception.
Civil Unions: House Bill 1415 proposes that a marriage entered into by two persons of the same sex shall not be recognized as a civil union in New Hampshire. As with some other bills listed here, this is a bad idea. Currently, same-sex marriages entered into in other jurisdictions are recognized as a civil union and the spouses have the same rights as a civil union, such as seeking a dissolution of the relationship. Passing this bill would leave families in legal limbo without the ability to dissolve their relationship without first entering into a civil union.
Parenting Rights: CACR23 is a proposed constitutional amendment that would read "The State shall not abridge the right, role, or responsibility of parents to control the welfare and education of their children.” This legislation proposes that the amendment be put on the ballot in November 2008 for voters to decide.
Parental Consent: House Bill 1169 proposes that "no human sexuality instruction shall be provided to a pupil without the written consent of the pupil’s parent or guardian."
Religious Training; House Bill 1184 proposes that RSA 169:C, the statute relating to abuse and neglect of a child, require the court to make provisions for the child to continue any religious practice's of the child's family if the child is placed outside of the home. These practices can include any related education, dietary requirements, and medical treatment, except if those practices present an imminent threat to the child. Additionally, the bill proposes that no child who is in state custody shall be denied religious freedom.
Parenting Rights: House Bill 1188 proposes that the court be allowed to modify an order for parental rights and responsibilities every three years without the need to show a substantial change in circumstances. This proposed change in the law is just a bad idea. A child should have stability and permanency, unless there is a substantial change in the circumstances that require residency to be modified for the child's best interests. This bill only encourages litigation and would clog the courts with new cases.
Parenting Rights: House Bill 1189 relates to developing and enforcing parenting plans in highly acrimonious cases. The bill dictates that the court may not consider the degree of acrimony between parents to determine the parenting schedule. Parental acrimony may only be used by the court to determine whether the exchanges should be supervised. However, the bill does allow the court to order an evaluation by a neutral third party to determine who is the primary cause of the acrimony and issue orders accordingly.
Child Abduction: House Bill 1383 proposes that New Hampshire adopt the Uniform Child Abduction Prevention Act. This act allows a court to take certain abduction prevention measures in a child-custody proceeding if the court finds that the there is a credible risk of abduction of the child." The act is quite lengthy, and provides great detail such as the factors the court may use to assess whether a credible threat exists and measures that the court may take under the act.
If you feel strongly about any of the proposed laws, contact your legislator. You can find your legislator on the NH House of Representatives website.
