February 21, 2026 · Shannon Draughon
New Hampshire hears bills on equal parenting rights and family-court limits
Coverage drawn from InDepthNH.org on HB 1770-FN and related reforms.
A February 17th report from InDepthNH.org covers two major family-law bills heard before the New Hampshire House Children and Family Law Committee, including HB 1770-FN, a bill proposing a constitutional presumption of equal parenting time and limiting discretionary family-court power.
The hearing drew parents, advocates, and legal professionals who described the harms of discretionary standards and the need for clearer constitutional guardrails. Supporters argued that the bill aligns with long-recognized constitutional principles: fit parents are presumed equal, and the state must meet a meaningful evidentiary threshold before restricting a parent’s time. Opponents raised concerns about domestic-violence cases and implementation details.
Key elements discussed
- A presumption of equal parenting time unless clear and convincing evidence of harm is shown
- Replacement of the discretionary “best interests” standard with a constitutional framework
- Concerns from judicial-branch representatives about statutory and constitutional mechanisms
- Testimony from parents describing the emotional and financial toll of current family-court practices
- Advocacy voices noting that the bill would modernize state law with constitutional principles
The article reflects a growing national conversation: states are beginning to examine whether family-court practices align with constitutional requirements, the same structural questions addressed in Troxel II.