Parental Rights in New Hampshire

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New Hampshire Parental Rights News

Action Alert: Contact Critical Senate Committee Now in Support of Parental Rights

April 7, 2022

On Tuesday, the New Hampshire Senate Judiciary Committee held a hearing on two good bills, H.B. 1612 to protect families from false reports of child abuse and neglect, and H.B. 1431, the Parents’ Bill of Rights.  Attorney Mike Donnelly, senior counsel with Home School Legal Defense Association, attended the hearing on behalf of ParentalRights.org and…

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New Hampshire State Law and Parental Rights

At Risk

New Hampshire does not have a state statute that explicitly defines and protects parental rights as fundamental rights.

  • New Hampshire RSA 461-A:6 outlines determination of parental rights and responsibilities; as well as the factors evaluated in decided best interest of the child.
  • RSA 461-A:11 governs the modification of parental rights and responsibilities.
  • RSA 461-A:13 establishes grandparent visitation rights.
  • RSA 461-A:16 establishes the guidelines for appointing a guardian ad litem for children involved in proceedings regarding parental issues.

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New Hampshire Courts and Parental Rights

"Strict Scrutiny" Applied to Parental Rights

However, this precedent is subject to change.

Re R.A., 891 A.2d 564, 576 (N.H. 2005) (plurality) "As parental rights are fundamental and protected by due process, strict scrutiny should be applied when examining statutes dealing with these rights."