Parental Rights in New Hampshire

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New Hampshire Parental Rights News

Wins for Parents Across the Country

February 16, 2022

On Tuesday night, parents in San Francisco stunned the nation when they recalled three of their school board members in a landslide. This election result in San Francisco vindicated our argument just a few weeks ago that parental rights are bipartisan.  While ParentalRights.org was not involved in the San Francisco recall, we are proud of…

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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."