This bill amends RSA 461-A:2 to establish a constitutional presumption of equal parenting time, replacing the previous discretionary best-interest standard. It defines equal parenting as a 50/50 overnight split, allowing for limited deviation, and sets forth that parents are presumed fit unless proven unfit by clear and convincing evidence of specific harm. The court is required to start with the presumption of equal parenting time in any case affecting the child-parent relationship, including initial determinations, temporary orders, and modifications of parenting time.

Additionally, the bill introduces strict scrutiny for any reduction in a fit parent's time, mandating that any such order must demonstrate a compelling state interest and be narrowly tailored to prevent specific identifiable harm. The presumption of equal parenting can only be rebutted under specific conditions outlined in RSA 170-C:5, such as abuse or neglect. The bill also stipulates that any order limiting a fit parent's equal parenting time must undergo judicial review to ensure constitutional protections are upheld. The act is set to take effect on January 1, 2027.

Statutes affected:
Introduced: 461-A:2
HB1770 text: 461-A:2