This bill amends RSA 461-A:6, I(m) to include "known mental health conditions of the parent" as a factor for courts to consider when determining parental rights and responsibilities. The new legal language inserted into the current law emphasizes the importance of mental health in custody decisions, allowing courts to take into account any relevant mental health issues that may affect a parent's ability to fulfill their responsibilities. The bill also retains the existing provision that allows courts to consider any other additional factors they deem relevant.

The act is set to take effect on January 1, 2026, and does not provide funding or authorize new positions. However, it is anticipated that the inclusion of mental health conditions in custody considerations may lead to increased litigation costs for the court system, estimated to range between $10,000 and $100,000 in the initial years as legal precedents are established. The Judicial Branch has indicated that further legislative guidance could help mitigate potential litigation and associated costs.

Statutes affected:
Introduced: 461-A:6