relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time.

HB 1770-FN - AS INTRODUCED

2026 SESSION
26-3135
06/09

HOUSE BILL
1770-FN

AN ACT
relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time.

SPONSORS: Rep. Sabourin dit Choiniere, Rock. 30; Rep. Bernardy, Rock. 36; Rep. Comtois, Belk. 7; Rep. DeRoy, Straf. 3; Rep. D. Kelley, Hills. 32; Rep. Perez, Rock. 16; Rep. Sirois, Hills. 32; Rep. Kofalt, Hills. 32; Rep. Popovici-Muller, Rock. 17

COMMITTEE: Children and Family Law

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ANALYSIS

This bill:

I. Replaces the discretionary best-interest standard in RSA 461-A:2 with a constitutional presumption of equal parenting time.

II. Defines equal parenting as a 50/50 overnight split with limited deviation.

III. Establishes strict scrutiny for any reduction in a fit parent’s time.

IV. Limits rebuttal to clear and convincing evidence of specific harm under RSA 170-C:5.

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Explanation: Matter added to current law appears in
bold italics.
Matter removed from current law appears [
in brackets and struckthrough.
]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-3135
06/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT
relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Statement of Purpose; Parental Rights and Responsibilities. Amend RSA 461-A:2 to read as follows:
461-A:2 Statement of Purpose.
I. Because children do best when both parents have a stable and meaningful involvement in their lives, it is the policy of this state, [
unless it is shown that in a particular case it is not in the best interest of a child, to
]
there shall be a constitutional presumption of equal parenting time
:
(a) [
Encourage approximately equal parenting time between each child and both parents if it is in the best interest of the child
]
In any suit affecting the child-parent relationship, including initial determinations, temporary orders, and modifications of parenting time, the court shall begin with a constitutional presumption that equal parenting time is the least restrictive means of protecting the rights of the child, or children, and both parents
.
(b) [
Encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or divorced
]
Parents are presumed fit unless proven unfit by clear and convincing evidence of harm as defined in subparagraph (d). The court shall not require a parent to prove fitness
.
(c) [
Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, unless there is evidence of domestic violence, child abuse, or neglect
]

Equal parenting time means an allocation of parenting time and overnights on a substantially equal basis, such that each parent receives 50 percent of annual overnights, with no parent receiving more than three overnights more than the other in any given year. Any such difference shall be corrected the following year to maintain balance
.
(d) [
Grant parents and courts the widest discretion in developing a parenting plan
]
This presumption may be rebutted only under RSA 170-C:5 upon clear and convincing evidence of:
(1) Abuse, neglect, or domestic violence that poses actual harm;
(2) A parent’s incapacity rendering them unable to safely care for the child; or
(3) Specific, identifiable harm to the child.
(e) [
Consider both the best interests of the child in light of the factors listed in RSA 461-A:6 and the safety of the parties in developing a parenting plan
]
General conflict, parenting style differences, or judicial opinions of “best interest” are insufficient grounds to rebut equal parenting
.

(f) This section applies to original suits, temporary orders, and suits for modification under this chapter.
(g) Any order reducing or limiting a fit parent’s equal parenting time shall be subject to strict scrutiny. The court must make written findings showing:
(1) A compelling state interest justifying the limitation;
(2) That the limitation is narrowly tailored to prevent or remedy specific, identifiable harm;
(3) That no less restrictive alternative would adequately protect the child, or children; and
(4) Orders granting less than 50/50 equal shared parenting shall have a judicial officer pursuant to part 2, article 72-a and 73-a of the New Hampshire constitution, review and sign all orders ensuring the correct constitutional protections have been applied.

2 Effective Date. This act shall take effect January 1, 2027.

LBA
26-3135
Revised 1/5/26

HB 1770-FN-
FISCAL NOTE
AS INTRODUCED

AN ACT
relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time.

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation has a total fiscal impact of less than $10,000 in each of the fiscal years 2027 through 2029.

AGENCIES CONTACTED:
Judicial Branch and Department of Health and Human Services