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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.

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

Hearings

  • 2026-02-1710:00 amHouse Children and Family LawGP 230Public hearing
  • 2026-03-0210:00 amHouse Children and Family LawGP 230Public hearing

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.