New Hampshire HB185 Signed Into Law!

July 26, 2024 was a great day for New Hampshire children and families, HB 185 Shared Parenting has been signed into law.

Thank you, Governor Sununu, for signing this important legislation.

HB 185 reforms the current, outdated language in New Hampshire law to better align with the equal protection clause of the 14th Amendment of the United States Constitution, most importantly, to protect New Hampshire children’s right to the equal care, custody, and control of both of their fit, willing, and able parents after separation or divorce.

Specifically, HB 185 amends that state policy of supporting “frequent and continuing contact” between the children and both parents when the parents are living apart to “encourage approximately equal parenting time … is in the best interest of the child.” Policy statements aren’t binding on courts, of course. But HB 185 also requires a court to “make findings supporting its order” if the court concludes that “approximately equal parenting time is not in the best interest of the child.”

We recognize and commend previous reform efforts to update New Hampshire custody laws. In 2016, Representative Frank Edelblut sponsored HB 1118, which would have established a presumption of shared parental responsibilities. The following year, Representative Mark Pearson sponsored a similar bill, HB 236. And in 2022, Representative Jim Kofalt sponsored HB 1382, which would have created a rebuttable presumption that equal parenting time is in children’s best interest.

Research consistently finds that shared parenting can lead to better emotional, behavioral, and academic outcomes for children, often showing improved social skills and higher self-esteem.

Shared parenting allows both parents to contribute their unique strengths and perspectives. This balanced approach can lead to more well-rounded parenting and a more supportive environment for children. When both parents are equally involved, there can be a reduction in conflicts over parenting decisions. This involvement encourages open communication and cooperation, which can improve the overall family dynamic allowing children to benefit from strong relationships with both parents.

Shared parental responsibilities can reduce the stress and workload on each parent, allowing a more manageable balance between work, parenting, and personal time. Promoting shared parenting, allows families to create a more supportive and nurturing environment for their children, while also improving the well-being of both parents.

When children see their parents working together and sharing responsibilities, they learn important life lessons about cooperation, respect, and equality. Shared parenting supports gender equality by challenging traditional roles and expectations; it allows both parents to participate equally in caregiving and decision-making.

Parents often report higher levels of satisfaction and reduced stress when they share parenting responsibilities, contributing to a more balanced family dynamic when parents live apart.

Shared parenting is increasingly becoming the standard in family law, reflecting a growing recognition of its benefits for children and their parents.

We are thankful for the many states that have paved the way and have proven shared parenting to be successful. States such as Kentucky, Arkansas, Florida, West Virginia, Missouri and Arizona. Data has shown less reporting of divorce and domestic violence filings.

We thank our State Legislators that played an active role in moving HB185 forward: prime sponsor Representative Lisa Post, co-sponsoring representatives Paul Terry, Candace Moulton, Susan Porcelli, Jim Kofalt, Jess Edwards, tina Harley, John Potucek, Yury Polozov, Kristine, and senators Kevin Avard and Ruth Ward.

We thank Senator Abbas, for keeping this bill alive in Senate Judiciary Committee, and are grateful for the overwhelming support from hundreds of legislators in House sessions, voting a number of times in support of HB 185 and supporting a child’s right to equal access with both their parents after separation or divorce.

We commend representatives Lori Balland and Candace Gibbons for standing their ground in Committee of Conference. Although they were unsuccessful in keeping the original language of HB 185, which would have made a more dramatic stride forward in New Hampshire law, they achieved a significant step in the right direction to protect New Hampshire children.

We will continue to work on the appropriate language for shared parenting and State Law RSA 461-A Parental Rights and Responsibilities, to better align with Federal and State Constitutions and, most importantly, to better protect every New Hampshire child’s right to a full relationship with both fit and loving parents even when the parents are living apart.

It will be a win for all children when all states adopt a shared parenting model for fit, willing and able families.

Gayle Drobat

NPO - New Hampshire