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

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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.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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  RSA 461-A:12, VI is repealed and reenacted to read as follows: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.