New Hampshire House Bill HB1118

New Hampshire 2022 Regular Session

• Introduced: 11/16/21
• Refer: 11/16/21
• Report Pass: 3/9/22
• Engrossed: 3/22/22
• Refer: 3/22/22
• Report Pass: 4/27/22
• Enrolled: 5/18/22
• Chaptered: 6/1/22
• Passed: 6/1/22

Caption

Relative to the determination of parental rights and responsibilities following the death of a child's parent or guardian.

Impact

The proposed legislation would affect the legal framework surrounding temporary and permanent custody determinations, making it clear that considerations of past contact with the surviving parent or the deceased guardian's estate planning will be factored into judicial decisions. This change aims to foster a supportive environment for children by recognizing existing familial bonds and intentions outlined in estate documents. The expected outcome is a more nuanced approach to custody disputes during emotionally charged proceedings, providing a broader scope of analysis for judges.

Summary

House Bill 1118 seeks to amend existing New Hampshire laws relating to parental rights and responsibilities following the death of a child's parent or guardian. The bill introduces new provisions that require courts to consider the nature of the child's relationship with the surviving parent and the wishes of a deceased guardian, specifically in cases where the latter has provided care for at least two years. This aims to ensure that the best interests of the child are prioritized in turbulent times following the loss of a parent or guardian.

Contention

Discussions surrounding HB 1118 may reveal varying perspectives on the appropriateness of incorporating wishes indicated in estate planning documents into custody determinations. While some stakeholders argue that such provisions enhance the child's welfare by honoring the deceased guardian's intentions, others may express concerns over the potential for disputes surrounding these documents and the implications they create for parental rights. As such, the bill raises fundamental questions about how the state should balance the rights of surviving parents with the expressed wishes of those who are no longer able to advocate for themselves.