Bill Text: NH SB404 | 2016 | Regular Session | Introduced
Bill Title: Relative to the burden of proof for a divorced parent's petition to relocate children of the marriage.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2016-05-11 - Inexpedient to Legislate: Motion Adopted Voice Vote 05/11/2016 House Journal 38 P. 6 [SB404 Detail]
Download: New_Hampshire-2016-SB404-Introduced.html
SB 404 - AS INTRODUCED
2016 SESSION
16-2918
05/09
SENATE BILL 404
AN ACT relative to the burden of proof for a divorced parent's petition to relocate children of the marriage.
SPONSORS: Sen. Feltes, Dist 15; Sen. Lasky, Dist 13; Sen. Carson, Dist 14; Rep. Cushing, Rock. 21
COMMITTEE: Judiciary
-----------------------------------------------------------------
ANALYSIS
This bill provides that a parent petitioning for relocation of a child bears the burden of proving that the relocation is for a legitimate purpose, the proposed location is reasonable in light of that purpose, and relocation is in the best interest of the child.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16-2918
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to the burden of proof for a divorced parent's petition to relocate children of the marriage.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parental Rights and Responsibilities; Relocation of the Child's Residence. Amend RSA 461-A:12, V to read as follows:
V. The parent seeking permission to relocate bears the [initial] burden of demonstrating, by a preponderance of the evidence, that:
(a) The relocation is for a legitimate purpose; [and]
(b) The proposed location is reasonable in light of that purpose; and
(c) Relocation is in the best interest of the child.
2 Parental Rights and Responsibilities; Relocation of the Child's Residence. RSA 461-A:12, VI is repealed and reenacted to read as follows:
VI. The responding parent may offer evidence that the proposed relocation is not for a legitimate purpose, the proposed location is not reasonable in light of that purpose, or relocation is not in the best interest of the child.
3 Effective Date. This act shall take effect January 1, 2017.