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HB 1770 · 2026 · House · Children and Family Law Committee

Presumption of equal parenting time

AI-generated

relative to the allocation of parental rights and responsibilities and establishing a presumption of equal parenting time.

Replaces the discretionary best-interest standard with a constitutional presumption of equal 50/50 parenting time, applies strict scrutiny to reductions in a fit parent's time, and limits rebuttal to clear and convincing evidence of specific harm.AI-generated

Status

Killed in the House — Inexpedient to Legislate · March 11, 2026
  1. ✓Introduced
  2. ✕House
  3. Senate
  4. Governor
  5. Law

Analysis

This bill: I. Replaces the discretionary best-interest standard in RSA 461-A:2 with a constitutional presumption of equal parenting time. II. Defines equal parenting as a 50/50 overnight split with limited deviation. III. Establishes strict scrutiny for any reduction in a fit parent’s time. IV. Limits rebuttal to clear and convincing evidence of specific harm under RSA 170-C:5.

From the bill's official ANALYSIS section.

In the bill's words

Quoted verbatim from the bill as introduced. Passages chosen from the operative text.Computed by this site

“Because children do best when both parents have a stable and meaningful involvement in their lives, it is the policy of this state, [unless it is shown that in a particular case it is not in the best interest of a child, to] there shall be a constitutional presumption of equal parenting time:”
RSA 461-A:2
“This presumption may be rebutted only under RSA 170-C:5 upon clear and convincing evidence of:”
RSA 461-A:2
“Any order reducing or limiting a fit parent’s equal parenting time shall be subject to strict scrutiny.”
RSA 461-A:2
“That no less restrictive alternative would adequately protect the child, or children; and (4) Orders granting less than 50/50 equal shared parenting shall have a judicial officer pursuant to part 2, article 72-a and 73-a of the New Hampshire constitution, review and sign all orders ensuring the correct constitutional protections have been applied.”
RSA 461-A:2

Official record

Bill page — docket & status

gc.nh.gov · the authoritative source

Sponsors

Rep. Matt Sabourin dit ChoinièreRPrime
  • Rep. JD BernardyRClerk· Science, Technology and Energy
  • Rep. Shane SiroisRClerk· Legislative Administration

Also: Rep. Barbara ComtoisR, Rep. Susan DeRoyR, Rep. Diane KelleyR, Rep. Kristine PerezR, Rep. Jim KofaltR, Rep. Daniel Popovici-MullerR

Public testimony

28 signed in online · 9 wrote testimony

50% support46% oppose4% neutral

In their wordsVerbatim, exactly as submitted

“Relative to the Allocation of Parental Rights and Responsibilities and Establishing a Presumption of Equal Parenting Time Chair and Members of the Committee, I respectfully submit this testimony in strong support of HB1770. On October 9, 2023, a father last saw his daughter.…”
— Cassandra Knapp, Rochestersupports
“My name is Robert Garza. I am the author of the Time Taken Time Back law and the Three Strikes custody interference law. I have spent more than fifteen years inside family courts across this country. I have had joint custody the entire time.…”
— Robert Garza, Dallassupports
“Testimony in Support of HB1770 Relative to the Allocation of Parental Rights and Responsibilities and Establishing a Presumption of Equal Parenting Time Chair and Members of the House, My name is Jason Smith, and I am submitting testimony in support of HB1770. This bill does not eliminate judicial discretion.…”
— Jason Smith, Hillsborosupports
“This is not in the best interest of children; every family is different and there needs to be a great deal of flexibility in making shared custody work for the kids.”
— Steve James, Peterboroughopposes
“Custody decisions are not constitutional theory exercises — they are child-centered determinations. Strict scrutiny belongs in federal court, not routine custody hearings. Family law works best with discretion, not rigid ideology.”
— bonnie bruno, hollisopposes
“This is selfish. A parent is supposed to care more about their children’s best interests than their own.”
— Margaret Konze, Pembrokeopposes

Verbatim excerpts of submitted testimony, quoted from the testimony tool.

Read the testimony · as of Aug 12, 2026

Votes

yeanay
Starting text: Bill as introduced
  • Mar 2, 2026HouseCommittee report· consent calendar: Inexpedient to Legislate14–0
    Overall
    100% yea
  • Mar 11, 2026HouseVoice voteInexpedient to Legislateadopted

Hearings and debates

  • Feb 17, 2026Public hearingHouse Children and Family Law4:37:41–4:38:491m 8slocated in the stream transcriptPublic Hearing
  • Mar 2, 2026Public hearingHouse Children and Family Law48:57–50:061m 9slocated in the stream transcriptCommittee Report: Inexpedient to Legislate; Executive Session
  • Mar 11, 2026Floor debateHouse floorWatchnot located in the transcript — opens the full streamInexpedient to Legislate — adopted, voice vote

Timestamps locate where this bill is taken up in the chamber's YouTube stream.

Legislative history

  1. Jan 7, 2026HouseIntroduced 01/07/2026 and referred to Children and Family Law HJ 1 P. 35
  2. Feb 17, 2026HousePublic Hearing: 02/17/2026 02:30 pm GP 230
  3. Mar 2, 2026HouseExecutive Session: 03/02/2026 10:00 am GP 230
  4. Mar 2, 2026House: Inexpedient to Legislate 03/02/2026 (Vote 14-0; CC) HC 10 P. 4
  5. Mar 11, 2026HouseInexpedient to Legislate: MA VV 03/11/2026 HJ 7 P. 3

Coverage

No reporting linked yet.

Documents (PDF)

Bill text & amendments link direct to gc.nh.gov; committee reports stream from the state record.