Tuesday, June 28, 2011

Modification of an existing parenting plan becomes a little easier beginning August 13, 2011

On June 14, 2011, the New Hampshire legislature approved House Bill 52 which allows a Court to modify permanent parenting plans if there are minimal or no changes in the allocation of parenting time. For example, this will allow a Court to modify minor changes to pick up or drop off times based on changes to the parties’ or child’s schedules or a change in which weeknight a parent has parenting time with his/her child based on the best interest of the child.

The New Hampshire Supreme had previously interpreted RSA 461-A:11 to allow for modification of final parenting plans in only certain limited circumstances absent an agreement of the parties. See In Re Muchmore, 159 N.H. 470 (2009)

HB 52 also allows for other modifications of permanent parenting plans other than to the parenting schedule and requests for relocation based on the best interest of the child standard.

HB 52 becomes effective August 13, 2011. For the text of the bill go to http://www.gencourt.state.nh.us/legislation/2011/HB0052.html

Submitted By Andrea Labonte, Esq.

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