This bill amends the existing law regarding the determination of parental rights and responsibilities by adding a new factor for courts to consider: any known mental health conditions of the parent. Specifically, it modifies RSA 461-A:6, I(m) to include the phrase "due consideration for any known mental health conditions of the parent" as part of the relevant factors that courts may take into account when making decisions about parental rights. This insertion aims to ensure that mental health issues are appropriately considered in custody and parental responsibility cases.

The bill is set to take effect on January 1, 2026, and does not provide any funding or authorize new positions. However, it is anticipated that the inclusion of mental health conditions in court considerations may lead to increased litigation costs, estimated to range from $10,000 to $100,000 in the initial years as legal precedents are established. The Judicial Branch has indicated that additional legislative guidance could help mitigate potential litigation and associated costs related to privacy interests and privileged medical records.

Statutes affected:
Introduced: 461-A:6