reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:2 - Statement of Purpose.

461-A:2 Statement of Purpose. –
I. 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 clearly shown that in a particular case it is detrimental to a child, to:
(a) Support frequent and continuing contact between each child and both parents.
(b) Encourage parents to share in the rights and responsibilities of raising their children after the parents have separated or divorced.
(c) Encourage parents to develop their own parenting plan with the assistance of legal and mediation professionals, unless there is evidence of domestic violence, child abuse, or neglect.
(d) Grant parents and courts the widest discretion in developing a parenting plan.
(e) Consider both the best interests of the child in light of the factors listed in RSA 461-A:6 and the safety of the parties in developing a parenting plan.
II. This chapter shall be construed so as to promote the policy stated in this section.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:3 - Procedure and Jurisdiction.

461-A:3 Procedure and Jurisdiction. –
I. The procedure in cases concerning parental rights and responsibilities, including child support, shall be the same as the procedure for petitions for divorce and legal separation under RSA 458. Except as otherwise provided in this chapter, the court, upon proper application and notice to the adverse party, may revise and modify any order made by it, make such new orders as may be necessary, and may award costs as justice may require.
II. In cases where husband and wife or unwed parents are living apart, the court, upon petition of either party, may make such order as to parental rights and responsibilities and support of the children as justice may require. All applicable provisions of this chapter and of RSA 458-A, 458-B, 458-C, and 458-D shall apply to such proceedings.
III. The jurisdiction granted by this section shall be limited by the Uniform Child Custody Jurisdiction and Enforcement Act, if another state has jurisdiction as provided in that act. For the purposes of interpreting that act and any other provision of law which refers to a custodial parent, including but not limited to RSA 458-A, any parent with 50 percent or more of the residential responsibility shall be considered a custodial parent.
Source.
2005, 273:1. 2009, 191:3, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:4 - Parenting Plans; Contents.

461-A:4 Parenting Plans;  Contents. –
I. In any proceeding to establish or modify a judgment providing for parenting time with a child, except for matters filed under RSA 173-B, the parents shall develop and file with the court a parenting plan to be included in the court's decree. If the parents are unable to develop a parenting plan, the court may develop it. In developing a parenting plan under this section, the court shall consider only the best interests of the child as provided under RSA 461-A:6 and the safety of the parties.
II. A parenting plan may include provisions relative to:
(a) Decision-making responsibility and residential responsibility.
(b) Information sharing and access, including telephone and electronic access.
(c) Legal residence of a child for school attendance.
(d) Parenting schedule, including:
(1) Holiday, birthday, and vacation planning.
(2) Weekends, including holidays, and school in-service days preceding or following weekends.
(e) Transportation and exchange of the child.
(f) Relocation of parents.
(g) Procedure for review and adjustment of the plan, including the grounds for modification in RSA 461-A:11.
(h) Methods for resolving disputes.
III. If the parties are insured and the parenting plan directs the parties to participate in counseling, the court shall give due consideration to selecting a counselor who accepts direct payment from the parties' health insurance carrier.
IV. If the parents have joint decision-making responsibility under RSA 461-A:5, the parenting plan shall include the legal residence of each parent unless the court finds that there is a history of domestic abuse or stalking or that including such information would not be in the best interest of the child. If the parenting plan includes a parent's residence, the parent shall be responsible for promptly notifying the court and the other parent of any change in residence. The failure to provide such information may result in a finding of contempt of court.
V. If the court orders supervised visitation, it may order that such visitation shall take place only at a visitation center that uses a metal detection device and has trained security personnel on-site.
VI. Each parenting plan shall include a detailed parenting schedule for the child, specifying the periods when each parent has residential responsibility or non-residential parenting time. Neither parent shall be described as having the child "reside primarily" with him or her or as having "primary residential responsibility" or "custody" or be designated as the "primary residential parent."
Source.
2005, 273:1. 2011, 106:3; 176:1. 2014, 107:3, eff. June 11, 2014. 2018, 202:1, 2, eff. Aug. 7, 2018.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:4-a - Judicial Enforcement of Parenting Plan.

461-A:4-a Judicial Enforcement of Parenting Plan. –
Any motion for contempt or enforcement of an order regarding an approved parenting plan under this chapter, if filed by a parent, shall be reviewed by the court within 30 days.
Source.
2006, 251:1, eff. Aug. 4, 2006.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:5 - Decision-making Responsibility.

461-A:5 Decision-making Responsibility. –
Except as provided in paragraph III, in the making of any order relative to decision-making responsibility, there shall be a presumption, affecting the burden of proof, that joint decision-making responsibility is in the best interest of minor children:
I. Where the parents have agreed to an award of joint decision-making responsibility or so agree in open court at a hearing for the purpose of determining parental rights and responsibilities for the minor children of the marriage. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.
II. Upon the application of either parent for joint decision-making responsibility, in which case it may be awarded at the discretion of the court. For the purpose of assisting the court in making a determination whether an award of joint decision-making responsibility is appropriate under this section, the court may appoint a guardian ad litem to represent the interests of the children according to the provisions of RSA 461-A:16. If the court declines to enter an order awarding joint decision-making responsibility, the court shall state in its decision the reasons for the denial.
III. Where the court finds that abuse as defined in RSA 173-B:1, I has occurred, the court shall consider such abuse as harmful to children and as evidence in determining whether joint decision-making responsibility is appropriate. In such cases, the court shall make orders for the allocation of parental rights and responsibilities that best protect the children or the abused spouse or both. If joint decision-making responsibility is granted despite evidence of abuse, the court shall provide written findings to support the order.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:8 - Temporary Orders.

461-A:8 Temporary Orders. –
After the filing of a petition concerning a minor child under this chapter, the court may issue orders with such conditions and limitations as the court deems just. The orders may be issued ex parte. The orders may include the following:
I. The temporary allocation of parental rights and responsibilities of any minor child as provided in RSA 461-A:6.
II. Payment of temporary support for the child, including the provision of health insurance.
III. If paternity is a contested and relevant issue, orders for paternity testing in accordance with RSA 522.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:9 - Ex Parte Orders.

461-A:9 Ex Parte Orders. –
I. After the filing of a petition concerning a minor child under this chapter, the court may issue ex parte temporary orders. Ex parte orders may be granted without written or oral notice to the adverse party only if the court finds from specific facts shown by affidavit or by the verified petition, that immediate and irreparable injury or loss will result to the applicant or the child before the adverse party or attorney can be heard in opposition.
II. No ex parte order shall be granted without:
(a) An affidavit from the moving party verifying the notice given to the other party or verifying the attempt to notify the other party.
(b) A determination by the court that such notice or attempt at notice was timely so as to afford the other party an opportunity to be present.
III. If temporary orders are made ex parte, the party against whom the orders are issued may file a written request with the clerk of the court and request a hearing thereon. Such a hearing shall be held no later than 5 days after the request is received by the clerk.
IV. Ex parte orders may include the following terms:
(a) Directing any party to refrain from abusing or interfering in any way with the person or liberty of the other party.
(b) Enjoining any party from entering the premises wherein the other party resides upon a showing that physical or emotional harm would otherwise result.
(c) Enjoining any party from contacting the other party at, or entering, the other party's place of employment or school.
(d) Enjoining any party from harassing, intimidating, or threatening the other party, the other party's relatives regardless of their place of residence, or the other party's household members in any way.
(e) The temporary allocation of parental rights and responsibilities of any minor children as provided in RSA 461-A:6.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:10 - Restraining Orders.

461-A:10 Restraining Orders. –
I. After the filing of a petition concerning a minor child under this chapter, the court may issue restraining orders with such conditions and limitations as the court deems just. At the discretion of the court, such orders may be made on a temporary or permanent basis. Temporary orders may be issued ex parte as provided in RSA 461-A:9. The orders may include the following:
(a) Directing any party to refrain from abusing or interfering in any way with the person or liberty of the other party.
(b) Enjoining any party from entering the premises wherein the other party resides upon a showing that physical or emotional harm would otherwise result.
(c) Enjoining any party from contacting the other party at, or entering, the other party's place of employment or school.
(d) Enjoining any party from harassing, intimidating or threatening the other party, other party's relatives regardless of their place of residence, or the other party's household members in any way.
II. When a party violates a restraining order issued under this section by committing assault, criminal trespass, criminal mischief, stalking, or another criminal act, that party shall be guilty of a misdemeanor, and peace officers shall arrest the party, detain the party pursuant to RSA 594:19-a and refer the party for prosecution. Such arrests may be made within 12 hours after a violation without a warrant upon probable cause whether or not the violation is committed in the presence of a peace officer.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:13 - Grandparents' Visitation Rights.

461-A:13 Grandparents' Visitation Rights. –
I. Grandparents, whether adoptive or natural, may petition the court for reasonable rights of visitation with the minor child as provided in paragraph III. The provisions of this section shall not apply in cases where access by the grandparent or grandparents to the minor child has been restricted for any reason prior to or contemporaneous with the divorce, death, relinquishment or termination of parental rights, or other cause of the absence of a nuclear family.
II. The court shall consider the following criteria in making an order relative to a grandparent's visitation rights to the minor child:
(a) Whether such visitation would be in the best interest of the child.
(b) Whether such visitation would interfere with any parent-child relationship or with a parent's authority over the child.
(c) The nature of the relationship between the grandparent and the minor child, including but not limited to, the frequency of contact, and whether the child has lived with the grandparent and length of time of such residence, and when there is no reasonable cause to believe that the child's physical and emotional health would be endangered by such visitation or lack of it.
(d) The nature of the relationship between the grandparent and the parent of the minor child, including friction between the grandparent and the parent, and the effect such friction would have on the child.
(e) The circumstances which resulted in the absence of a nuclear family, whether divorce, death, relinquishment or termination of parental rights, or other cause.
(f) The recommendation regarding visitation made by any guardian ad litem appointed for the child pursuant to RSA 461-A:16.
(g) Any preference or wishes expressed by the child.
(h) Any such other factors as the court may find appropriate or relevant to the petition for visitation.
III. The petition for visitation shall be entered in the court which has jurisdiction over the divorce, legal separation, or a proceeding brought under this chapter. In the case of death of a parent, stepparent adoption, or unwed parents, subject to paragraph IV, the petition shall be entered in the court having jurisdiction to hear divorce cases from the town or city where the child resides.
IV. If the parent of the minor child is unwed, then any grandparent filing a petition under this section shall attach with the petition proof of legitimation by the parent pursuant to RSA 460:29 or establishment of paternity pursuant to RSA 168-A.
V. Upon the motion of any original party, the court may modify or terminate any order made pursuant to this section to reflect changed circumstances of the parties involved.
VI. Nothing contained in this section shall be construed to affect the rights of a child or natural parent or guardian under RSA 463 or adoptive parent under RSA 170-B:20.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:15 - Attorneys' Fees in Contempt Cases.

461-A:15 Attorneys' Fees in Contempt Cases. –
In any proceeding under this chapter in which a party alleges, and the court finds, that the other party has failed without just cause to obey a prior order, the court shall award reasonable costs and attorneys' fees to the prevailing party.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:17 - Guardians Ad Litem and Mediators; Liability for Expenses.

461-A:17 Guardians Ad Litem and Mediators;  Liability for Expenses. –
The judicial council shall have no responsibility for the payment of the costs of a mediator or guardian ad litem for any party under this chapter.
Source.
2005, 273:1. 2011, 224:66, eff. July 1, 2011.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:18 - Repayment.

461-A:18 Repayment. –
I. In any case where a guardian ad litem has been appointed pursuant to RSA 461-A:16 and the responsible party's proportional share of the expense was ordered to be paid by the judicial council from the prior special fund established pursuant to RSA 461-A:17, the party shall be ordered by the court to repay the state through the unit of cost containment, office of administrative services, the fees and expenses paid on the party's behalf as the court may order consistent with the party's ability to pay, such ability to be determined by the unit of cost containment.
II. The court's order of appointment of a guardian ad litem under the provisions of paragraph I shall indicate the initial proportional share or shares of fees and expenses and shall contain an order that the party or parties communicate with the unit of cost containment so that it may determine the obligor's ability to reimburse the state and establish the terms and conditions of reimbursement. A copy of each order shall be sent to the unit of cost containment, office of the commissioner of administrative services, at the time it is made.
III. Any party subject to an order under this section may petition the court having jurisdiction over the case for relief of the obligation imposed by this section, which shall be granted only upon a finding that the party is unable to comply with the terms of the court's order or any modification of the order by the court or the terms of reimbursement established by the unit of cost containment. In any such appeal the burden of persuasion shall be upon the party to show why the determinations of the unit of cost containment should not be enforced.
IV. Any party subject to orders for repayment shall be required to notify the clerk of the court and the unit of cost containment of each change of mailing address and actual street address. Whenever notice to the party is required, notice to the last known mailing address on file shall be deemed notice to and binding on the party.
Source.
2005, 273:1. 2011, 224:70, eff. July 1, 2011. 2023, 107:3, eff. Aug. 22, 2023.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:19 - Authorization for Emergency Treatment When Custodial Parent Incapacitated.

461-A:19 Authorization for Emergency Treatment When Custodial Parent Incapacitated. –
I. In cases where the parent having the care of the child, has sole or shared decision-making responsibility and has become incapacitated and is unable to make necessary decisions concerning the emergency medical treatment of the child, such parent's spouse shall be authorized to make such decisions subject to the following conditions:
(a) The child is in the care of a medical facility whose policy requires that all decisions regarding treatment of the type necessary under the circumstances be made by a parent having sole or shared decision-making responsibility; and
(b) Either the incapacitated parent has sole decision-making responsibility; or, if there is shared decision making responsibility, the other parent cannot be located, and in the opinion of the treating physician, circumstances make it necessary to make a decision regarding treatment immediately.
II. The right to authorize treatment granted under this section shall under no circumstances last longer than 30 days, and otherwise shall terminate upon the recovery of the parent to normal capacity, or upon the establishment of contact with the other parent, whichever occurs first.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:20 - References to Child Custody and Custodial Parent.

461-A:20 References to Child Custody and Custodial Parent. –
Any provision of law that refers to the "custody" of minor children shall mean the allocation of parental rights and responsibilities as provided in this chapter. Any provision of law which refers to a "custodial parent" shall mean a parent with 50 percent or more of the residential responsibility and any reference to a non-custodial parent shall mean a parent with less than 50 percent of the residential responsibility.
Source.
2005, 273:1, eff. Oct. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:21 - Agreement on College Expenses.

461-A:21 Agreement on College Expenses. –
Parents may agree to contribute to their child's college expenses or other educational expenses beyond the completion of high school as part of a stipulated decree, signed by both parents and approved by the court. The agreed-on contribution may be made by one or both parents. The agreement may provide for contributions to an account to save for college, for the use of an asset, or for payment of educational expenses as incurred. Any such agreement shall specify the amount of the contribution, a percentage, or a formula to determine the amount of the contribution.
Source.
2013, 154:2, eff. Aug. 27, 2013.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:22 - Modification of Agreements on College Expenses.

461-A:22 Modification of Agreements on College Expenses. –
Every agreement made under RSA 461-A:21 shall state whether the agreement either is modifiable or is not modifiable. To qualify as not modifiable, the agreement shall state a specific dollar amount to be contributed by either or both parents. If the parents' agreement states that it is modifiable, the legal test for modification shall be a substantial change in circumstances that was not foreseeable when the agreement was signed.
Source.
2013, 154:2, eff. Aug. 27, 2013.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:23 - Enforcement of Agreements on College Expenses.

461-A:23 Enforcement of Agreements on College Expenses. –
The court shall enforce any parental agreement on educational expenses that meets the requirements of RSA 461-A:21.
Source.
2013, 154:2, eff. Aug. 27, 2013.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-A - Parental Rights and Responsibilities › Section 461-A:24 - Mediation of Agreements on College Expenses.

461-A:24 Mediation of Agreements on College Expenses. –
Before any court hearing to modify or enforce any agreement to contribute to college expenses, the parties shall participate in mediation, either privately contracted mediation or mediation under RSA 461-A:7.
Source.
2013, 154:2, eff. Aug. 27, 2013.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:1 - Definitions.

461-B:1 Definitions. –
In this chapter:
I. "Minor" means a person who is under 18 years of age.
II. "Court" means the judicial branch family division, unless otherwise indicated.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:2 - Jurisdiction.

461-B:2 Jurisdiction. –
I. The court shall have exclusive original jurisdiction over all proceedings determining whether a minor should be emancipated in whole or in part.
II. The court may retain jurisdiction over the emancipated minor prior to the minor's eighteenth birthday.
III. The court shall close the case when the minor reaches the age of 18.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:3 - Venue.

461-B:3 Venue. –
I. Proceedings under this chapter may be originated in any judicial district in which the minor is found or resides.
II. By the court upon its own motion or that of any party, proceedings under this chapter may, upon notice and acceptance, be transferred to another judicial district as the interests of justice or convenience of the parties may require.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:4 - Petition for Limited Emancipation.

461-B:4 Petition for Limited Emancipation. –
I. A minor who is 16 years of age or older may petition the court for an order granting limited emancipation to the youth.
II. The petition shall include, in writing:
(a) The name and address of the minor.
(b) The names and addresses of:
(1) The parents of the minor;
(2) Any legal guardians of the minor; or
(3) If no parent or guardian can be found, the last-known address of the minor's parent or guardian and the name and address of the minor's nearest known relative residing in the state.
(c) Specific facts as to why emancipation is sought.
(d) Specific facts in support of the emancipation criteria set forth in RSA 461-B:8.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:5 - Burden of Proof.

461-B:5 Burden of Proof. –
The petitioner has the burden to prove the allegations in support of the petition by clear and convincing evidence.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:6 - Issuance of Summons and Notice.

461-B:6 Issuance of Summons and Notice. –
I. After a legally sufficient petition has been filed, the court shall schedule a hearing and issue notice, including a copy of the petition, to be served personally upon the parent or guardian of the minor.
II. If personal service is not possible, service shall occur at the usual place of abode of the parent or guardian of the minor.
III. Notice should be served on interested parties within 20 days of the petition being filed.
IV. The notice shall include the date and place of hearing and a form on which the minor's parent, legal guardian, or other person entitled to the custody of the minor may give the person's written consent to the limited emancipation.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:7 - Hearing.

461-B:7 Hearing. –
I. The court shall hold a hearing within 30 days of the filing of a petition under this section or within 10 days of service of notice upon the interested parties, whichever occurs later.
II. The time frame established in this section may be extended for an additional 10 days upon motion by any interested party for good cause.
III. In any proceeding under this chapter the court shall not be bound by the technical rules of evidence and may admit evidence which it considers relevant and material.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:8 - Disposition.

461-B:8 Disposition. –
I. Limited emancipation may be granted only if the court has found:
(a) Limited emancipation is in the minor's best interest;
(b) The minor desires limited emancipation;
(c) The minor has lived separate and apart from his or her parents or legal guardian for 3 months or longer;
(d) The minor has demonstrated the ability to be self-sufficient in his or her financial and personal affairs, including proof of employment or other means of support. "Other means of support" shall not include receipt of Temporary Assistance to Needy Families or municipal general assistance;
(e) The minor has graduated or will continue to diligently pursue graduation from high school or a high school equivalency certificate; and
(f) There exists no public interest compelling denial of limited emancipation.
II. If it is considered necessary by the court, the minor shall participate in periodic counseling with an appropriate advisor of the minor's choosing.
III. An order of limited emancipation shall specifically set forth in writing the rights and responsibilities that are being conferred upon the minor. These may include but are not limited to one or more of the following:
(a) The right to live independently.
(b) The right to live in housing of the minor's choice.
(c) The right to directly receive and expend money to which the minor is entitled and to conduct the minor's own financial affairs.
(d) The right to enter into contractual agreements and incur debts.
(e) The right to consent to medical psychiatric, education, and social services.
(f) The right to obtain a license to operate equipment or perform a service.
(g) The right to enlist in the military.
IV. An order of limited emancipation may include a provision requiring that the youth make periodic reports to the court.
V. An emancipated minor shall not be considered an adult for:
(a) Constitutional and statutory age requirements regarding voting, use and possession of tobacco and alcoholic beverages, possession of firearms, gambling, or other health and safety regulations relevant to the minor because of the minor's age; or
(b) Purposes of the adult criminal laws except cases transferred to the superior court pursuant to RSA 169-B:24.
VI. An emancipated minor with the enumerated right to live independently shall not be considered a minor child pursuant to RSA 173-B.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:9 - Modification of Order.

461-B:9 Modification of Order. –
I. The court, on its own motion or the motion of any parties to the dispositional hearing, may modify or revoke the emancipation order upon a showing that:
(a) The minor has committed a material violation of the law;
(b) The minor has violated a condition of the limited emancipation order; or
(c) The best interests of the minor are no longer served by the emancipation order.
II. Modification or revocation of a previous order of emancipation shall be effective only prospectively and contractual obligations validly entered into during the period of emancipation shall remain in effect.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:10 - Court Sessions; Access to Information.

461-B:10 Court Sessions;  Access to Information. –
All hearings shall be held separate from the trial of criminal cases and such hearings shall be held wherever possible in rooms not used for such trials. Only such persons as the parties, their witnesses and counsel and representatives of the agencies present to perform their official duties shall be admitted.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:11 - Court Records.

461-B:11 Court Records. –
The court records of proceedings under this chapter other than a final order of emancipation shall be kept in books and files separate from all other court records. Such records shall be withheld from public inspection but shall be open to inspection by juvenile probation and parole officers, a parent, a guardian, and the minor's attorney. Additional access to court records may be granted by court order or upon the written consent of the minor.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 461-B - Emancipation › Section 461-B:12 - Appeals.

461-B:12 Appeals. –
An appeal under this chapter may be taken to the superior court by the minor, parent, guardian, or custodian, within 30 days of the final dispositional order, but an appeal shall not suspend the order or decision of the court unless the court so orders. The superior court shall hear the matter de novo, and shall give an appeal under this chapter priority on the court calendar.
Source.
2019, 110:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:1 - Statement of Purpose.

463:1 Statement of Purpose. –
It is the purpose of this chapter to secure for a minor an environment of stability and security by providing for the appointment of a guardian of the person when such appointment is in the best interests of the minor; and to provide for the appointment of a guardian of the estate for the proper management of the property and financial affairs of the minor. This chapter is designed to provide procedural and substantive safeguards for the rights of parents and their minor children. Implicit in this chapter shall be the recognition that the interests of a minor are generally best promoted in the minor's own home unless the best interests of the minor require substitution or supplementation of parental care and supervision.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:2 - Definitions.

463:2 Definitions. –
In this chapter:
I. "Authorized agency" means an agency licensed as a child-placing agency pursuant to RSA 170-E.
II. "Court" means the probate court unless otherwise specified.
III. "Department" means the department of health and human services.
IV. "Guardian" means the individual or entity appointed by the court as provided in this chapter and includes joint and successor guardians.
Unless otherwise indicated, the term "guardian" means guardian of the person and of the estate of the minor.
V. "Minor" means a child under 18 years of age who is unmarried and unemancipated.
VI. "Net amount" means the amount of settlement, judgment and related interest and taxable costs, or decree received after the deduction of attorney's fees, court costs, and other expenses related to the claim.
VII. "Parent" means mother, father, or adoptive parent, but such term shall not include a parent as to whom the parent-child relationship has been terminated by judicial decree or voluntary relinquishment.
Source.
1995, 222:1; 310:175, 181. 2008, 93:1, eff. May 21, 2008.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:3 - Parents' Rights.

463:3 Parents' Rights. –
I. The father and mother of every minor are joint guardians of the person of such minor, and the powers, rights, and duties of the father and mother in regard to such minor shall be equal. Upon the death of either parent, the survivor shall be the sole guardian of the person of the minor.
II. Nothing in this chapter shall prevent the probate court from appointing a guardian of the person or of the estate or both, and the custody of any minor may be awarded to either parent by such court.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:4 - Jurisdiction and Venue.

463:4 Jurisdiction and Venue. –
I. The probate court shall have exclusive jurisdiction over the appointment of a guardian of the person or of the estate or of both of any minor. The jurisdiction of the court in this chapter shall be subject to the provisions of RSA 458-A.
II. (a) Venue for guardianship proceedings for a minor is in the county where the minor resides, the county where the minor is physically present when the proceedings are commenced, the county in which the authorized agency is providing services to the minor, or the county in which an underlying cause of action arose.
(b) In proceedings to create a guardianship of the estate of a minor containing real property, venue may also be in a county in which the real property, or a portion thereof, of the minor is located.
Source.
1995, 222:1. 1998, 155:1. 1999, 217:2, eff. Jan. 1, 2000.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:6 - Notice.

463:6 Notice. –
I. After the filing of a petition, the court shall set a date for a hearing, and issue orders of notice in reasonably understandable language.
The orders of notice shall be sent by certified mail, return receipt requested, to both parents of the minor and to any person or persons alleged to have had principal care and custody of the minor during the 60 days preceding the filing of the petition, and by first class mail to:
(a) The minor, if 14 years of age or older and not the petitioner.
(b) The person nominated in the petition to be the guardian.
(c) Any person named as a testamentary guardian of the person or of the estate or of both of the minor in the will of a decedent parent.
(d) The department, if the petition identifies any juvenile proceeding affecting the minor.
(e) Any parent or any sibling, aunt, uncle, or adult child of the parents of the minor if both parents are deceased.
(f) The petitioner or petitioners.
II. The orders of notice required by paragraph I shall further specify:
(a) That either parent has a right to object to and contest the guardianship petition.
(b) That either parent has a right to consent to the granting of the guardianship petition, and if such parent consents, he or she shall do so before the court or the court's designee as specified in RSA 463:8, IX.
(c) The nature and purpose of the proceeding and hearing as set forth in RSA 463:8, and that the parent or parents with legal custody are required to attend the hearing whether consenting or objecting to the petition.
III. A written consent to the petition is submission to the jurisdiction of the court.
IV. If the location of the parent or parents is unknown and this fact is sworn to under oath by the petitioner, the court may take whatever steps it deems necessary to ensure due process is satisfied unless, for good cause shown, it determines that process is impracticable or would serve no purpose, in which case notice may be waived.
V. The cost of orders of notice sent by certified mail, return receipt requested, shall be paid by the petitioner.
Source.
1995, 222:1; 310:175. 1997, 100:2. 2004, 11:2. 2005, 160:2. 2011, 177:1, eff. Aug. 13, 2011.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:9 - Confidentiality of Proceedings.

463:9 Confidentiality of Proceedings. –
I. Proceedings to determine whether a guardian should be appointed for the proposed minor, and any subsequent proceedings relating to the personal history or circumstances of the minor and the minor's family, shall be held in a closed court. Only the parties, their witnesses, counsel, and representatives of the agencies present to perform their official duties and such other persons as the court may deem appropriate shall be admitted.
II. Records, reports, and evidence submitted to the court or recorded by the court shall be confidential insofar as they relate to the personal history or circumstances of the minor and the minor's family. For cause shown, the court may authorize disclosure under such terms and conditions as the court may deem appropriate.
III. All case records, as defined in RSA 170-G:8-a, relating to the personal history or circumstances of the minor and the minor's family, shall be confidential and access shall be provided pursuant to RSA 170-G:8-a.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:10 - Who May be Appointed Guardian.

463:10 Who May be Appointed Guardian. –
I. The court may appoint as guardian of the person of the minor any person or authorized agency whose appointment is appropriate.
II. The court may appoint as guardian of the estate any person or entity whose appointment is appropriate.
III. Co-guardians may be appointed when in the best interest of the minor. Co-guardians shall share jointly and equally the authority granted, except as otherwise ordered by the court.
IV. No person, authorized agency, or entity shall be appointed guardian of the person or of the estate or of both unless the person, authorized agency, or entity receives written notice of the proceedings and consents in writing to the appointment.
V. If a parent's substance abuse or dependence is the basis for the guardianship petition, the court shall give a preference to any grandparent of the minor who seeks appointment as guardian of the person or the estate, or both, for the minor.
Source.
1995, 222:1. 2017, 53:3, eff. Jan. 1, 2018.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:11 - Letters of Guardianship and Other Orders.

463:11 Letters of Guardianship and Other Orders. –
I. Letters of guardianship shall issue to the guardian and shall contain:
(a) The name, address, and telephone number of the guardian of the person and estate, or of the person or of the estate;
(b) The name, address, and telephone number of the minor;
(c) The nature and scope of the guardianship, whether over the person and estate, or the person, or the estate;
(d) Limitations imposed by the court on the guardian; and
(e) Whether the guardianship is part of the permanent plan for a child previously under the custody of the department pursuant to the Adoption and Safe Families Act of 1997, Public Law 105-89.
II. At the time of the issuance of the letters of guardianship the court may issue such other orders as may be requested or required.
Source.
1995, 222:1. 2004, 11:6, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:12-a - Guardianship of Minors in Foster Care and Consent for Medical Treatment.

463:12-a Guardianship of Minors in Foster Care and Consent for Medical Treatment. –
For any guardianship granted to the department of health and human services for a minor in foster care, or for any minor in the legal custody of the department receiving foster care services, the department's authority to consent to medical treatment for the minor may be established by, but not limited to, any of the following:
I. A duly executed "Authorization for Medical Treatment" signed by the minor's parent or guardian;
II. For the provision of ordinary medical care, including behavioral, mental health, or developmental health services, a copy of that portion of the court order transferring legal custody of the minor to the department under RSA 169-C; or
III. A copy of the letter of guardianship issued to the department that authorizes the department to consent to medical or other treatment of the minor.
Source.
2018, 337:10, eff. July 1, 2018.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:13 - Order for Support for the Benefit of a Minor Under Guardianship and Visitation.

463:13 Order for Support for the Benefit of a Minor Under Guardianship and Visitation. –
I. The appointment of a guardian over the person or over the estate of a minor shall not relieve the minor's parents or any other persons liable for the support of the minor from their obligation to provide for such support. The court, at the time of such appointment, or at any time thereafter, may order and require such parent, parents, or other persons to contribute to the support and maintenance of the minor in such amounts and at such times as the court determines to be just and reasonable.
II. The court may from time to time, upon application of the guardian or any other party interested, and notice to the party having the duty to provide support, revise, or alter such order, or to make such new order or decree as the circumstances of the party or parties having the duty to support and maintain or the benefit of the minor may require.
III. The court may award reasonable visitation rights to the parent or parents. The presumption shall be in favor of liberal visitation rights absent a showing of harm to the minor. If a party wishes to have any pre-existing court visitation orders incorporated into the guardianship order, that party has the burden of providing said visitation orders to the court for its consideration. The court shall incorporate such visitation orders in its order, unless there has been a change in circumstances that warrants different visitation arrangements. In guardianships granted as part of the permanency plan for a child previously in the department's custody pursuant to the Adoption and Safe Families Act of 1997, Public Law 105-89, the court may give the guardian discretion to determine visitation.
Source.
1995, 222:1. 2004, 11:7, 8, eff. Jan. 1, 2005.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:14 - Resignation or Removal of Guardian.

463:14 Resignation or Removal of Guardian. –
I. Any person appointed as guardian over the person or of an estate or both shall serve until resignation accepted by the court, removal by the court for cause, death of the guardian, or termination of the guardianship pursuant to this section.
II. A guardian desiring to resign shall request court approval of such resignation in writing.
III. Resignation of a guardian is not effective until accepted by the court and until a successor guardian is appointed or the guardianship is terminated.
IV. Any person interested in the welfare of the minor may petition for the removal of the guardian of the person or of the estate or of both for cause.
V. The resignation, removal, or death of the guardian shall not terminate the guardianship unless expressly so ordered by the court. If the guardianship is not terminated by order of the court, the court shall appoint a successor guardian.
VI. The resignation accepted by the court, removal, death of the guardian, or termination of the guardianship shall terminate the authority of the guardian, but shall not release the guardian from responsibility for any act or omission occurring during the period of the guardian's appointment.
VII. Any resignation or removal may be conditioned on such requirements or occurrences as the court may specify in the exercise of its reasonable discretion. The court may make such further orders as may be appropriate, including the requiring of the filing of a report on the general welfare of the minor, including but not limited to the residence, mental and physical health, and education of the minor.
Source.
1995, 222:1, eff. Jan. 1, 1996.
2023 New Hampshire Revised Statutes › Title XLIV - Guardians and Conservators › Chapter 463 - Guardianship of Minors and Estates of Minors › Section 463:16 - Modification of Guardianship.

463:16 Modification of Guardianship. –
The court may from time to time, upon application of any person interested in the welfare of the minor, and notice to all parties, revise or alter any prior orders or make such new order or decree relative to the guardianship of the person or of the estate or both as the best interests of the minor or the prudent management of the estate may require.
Source.
1995, 222:1, eff. Jan. 1, 1996.