This bill proposes significant changes to the allocation of parental rights and responsibilities by establishing a constitutional presumption of equal parenting time, specifically a 50/50 overnight split between parents, with limited deviations. The current discretionary best-interest standard in RSA 461-A:2 is replaced with this presumption, which asserts that both parents are presumed fit unless proven unfit by clear and convincing evidence of specific harm. The bill also outlines that any reduction in a fit parent's time must undergo strict scrutiny, requiring the court to demonstrate a compelling state interest and that no less restrictive alternative would suffice.

Additionally, the bill defines equal parenting time as an allocation where each parent receives 50% of annual overnights, with no parent having more than three overnights more than the other in any given year. It limits the grounds for rebutting the presumption of equal parenting to specific instances of abuse, neglect, incapacity, or identifiable harm to the child. The bill also mandates that any orders reducing a fit parent's equal parenting time must be reviewed and signed by a judicial officer 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