New Hampshire Protection of Parenting Equality sign now

We, the undersigned, do herein unequivocally request, and indeed demand, that the NH legislature pass into law, posthaste, fair and equitable family law policy that protects the rights of BOTH parents to nurture, love, teach, mentor, safeguard, associate with, and raise their own children. We insist upon statutory protection for the rights of New Hampshire's children to retain equal access to BOTH parents when custody is at issue. Such equitable law must include a presumption of equal shared parenting rights and responsibilities, including residential responsibility, for BOTH parents, rebuttable by clear and convincing evidence that such equal parenting would not be in the best interests of the child. If equal parenting is not granted, the court would be required to put its reasons in writing.

These protections of equal parenting rights for BOTH parents, and of the right for equal access to BOTH parents for NH's children, are without question directly provided for by the 14th amendment to the United States Constitution. The United States Supreme Court has upheld the constitutional protection of these parental rights many times (MAY v. ANDERSON, 345 US 528, 533; 73 S Ct 840, 843, (1952), KENT v. UNITED STATES, 86 S.Ct.1045 at 1054 (1966), CABAN v. MOHAMMED, 441 U.S. 380 (1979), Quilloin v. Walcott, 434 U.S. 246 (1978), SANTOSKY v. KRAMER, 455 U.S. 745 (1982), LEHR v. ROBERTSON, 463 U.S. 248 (1983), 463 U.S. 248, TROXEL v. GRANVILLE (99-138) 530 U.S. 57 (2000)), as have multiple district and appellate courts across the country.

The research and study data (K. Alison Clarke-Stewart and Craig Hayward, "Advantages of Father Custody and Contact for the Psychological Well-Being of School-Age Children," Journal of Applied Developmental Psychology, Vol. 17, No. 2, April-June 1996, p. 239., Dick Feeman, Joseph Maiello, Mike Jebbet, "Child Custody or Child Abuse", Victoria Times-Colonist, Jan 8, 1998, U.S. Department of Health and Human Services, National Center for Health Statistics, Survey on Child Health, Washington, DC, 1993., Deane Scott Berman "Risk Factors Leading to Adolescent Substance Abuse", Adolescence 30 (1995), P.L. Adams, J.R. Milner, and N.A. Schrepf, "Fatherless Children", New York, Wiley Press, 1984., Jack Block, et al. "Parental Functioning and the Home Environment in Families of Divorce", Journal of the American Academy of Child and Adolescent Psychiatry, 27 (1988), Potash, Marlin S., Ph.D. : Psychological Support for a Rebuttable Presumption of Joint Custody : Probate Law Journal, Vol. 4, 17, 1982, and many more at www.nhcustody.org) is absolutely irrefutable as to the benefit children derive from having significant continuing access to BOTH parents.

No argument in opposition to a rebuttable presumption that both parents will retain equal access to their child holds water. The mere fact that the family courts of New Hampshire, in conjunction with the latitude afforded them by associated ambiguous New Hampshire statutes, have been unconstitutionally abrogating the rights of NH's parents and children for years during the course of child custody proceedings is no rationale for maintaining the current tragically broken family law system. New Hampshire's courts, ambiguous laws, and the amorphous and impossible to define 'best interests of the child' standard have collectively conspired to generate far too many broken hearts and dysfunctional children already.

At present NH Guardians ad litem have a tremendous amount of discretion and are not required to collect evidence. Consequently, they usually end up relying strictly on their own opinions and little else when passing judgement on NH's children's lives. Without the requirement for evidence, NH's Guardians ad litem and judges continue to be empowered to sever the parent/child relationship based upon their own personal ideals.

If New Hampshire's state motto 'Live Free or Die' means anything more than the latest marketing slogan then we must fix our backward and destructive family law system for the sake of the state's children. Our state at present feels much more like a George Orwell novel as opposed to a bastion of liberty and freedom. How free are those NH parents who, without cause and without explanation, have had their children and their parental liberties stolen from them under the guise of the 'best interests of the child'? And how free are those NH children who have had their parents stolen from them under the same pretense?


We, the citizens of New Hampshire understand what the true 'best interest of the child' is, and it is the presumption that, barring clear and convincing evidence otherwise, the child is best served by having equal access to both parents.


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Latest Signatures

  • 28 December 2015823. Rosemary R
    I support this petition
  • 22 December 2015822. Brenda Leeb
    Town; Zip Code Atkinson nh 03811 Clildren need Both parents and both parents should have the right to be there for their children and share custody of them equally.....It is important for the children to know they have two parents..
  • 09 December 2015821. Rebecca Richards
    Town; Zip Code Manchester NH 03103 PLEASE do something about this!! I lost custody of 2 of my kids to thier lying father who didn't pay child support told the gal lies with no real reason except I was pregnant and single!! what is that? and he got custod
  • 29 November 2015820. Sharon K
    I support this petition
  • 23 November 2015819. Dan Ay
    Street address 18909 Briargate Ln., #1B Town; Zip Code 80134 Read the Uniform Parental Rights Enforcement and Protection Act (UPREPA) at: http://ncsc.childrensjustice.org/UPREPA.htm
  • 22 November 2015818. Gary Mw
    I support this petition
  • 16 November 2015817. Christie B
    I support this petition
  • 11 November 2015816. Amy A
    Town; Zip Code North Hampton 03862 This is long overdue.
  • 10 November 2015815. Alex S
    I support this petition
  • 02 November 2015814. Tracey H
    I support this petition
  • 27 October 2015813. John M
    Town; Zip Code Nashua 03063 I John Dawley being a purposely and systematicly alienated parent for more than 78 months from my only son Elias M.Dawley, hereby dissent from monetaty subsisties, untill our (Parent and Child's) Federal and States Constitutio
  • 20 October 2015812. Lauren D
    Town; Zip Code 29170 I SUPPORT PARRINGTON vs CUTRONA
  • 06 October 2015811. Lisa N
    I support this petition
  • 05 October 2015810. Sheunesu M
    I support this petition
  • 24 September 2015809. Alan J
    Town; Zip Code Nashua, 03060 I feel my rights are being taken away, under the current system
  • 21 September 2015808. Matthew Hp
    I support this petition
  • 05 September 2015807. Matthew Gr
    Street address 35a harvard st Town; Zip Code nashua,nh 03060 fathers right to have equal time with child
  • 21 July 2015806. Jill M
    I support this petition
  • 08 July 2015805. Karen D
    I support this petition
  • 18 June 2015804. Peter Leightonm
    Street address 363 North Road Town; Zip Code 03235 none
  • 13 June 2015803. Glenn W
    Street address 20 Elmwood Ave Town; Zip Code Dover; 03820 Long overdue!!!
  • 07 June 2015802. Lawrence St
    I support this petition
  • 31 May 2015801. Frank H
    I support this petition
  • 28 May 2015800. Mindy Lg
    I support this petition
  • 15 May 2015799. Amanda R
    Town; Zip Code Lowell, MA 01854 I SUPPORT PARRINGTON VS. CUTRONA
  • 06 May 2015798. Joseph Bl
    Street address po box 1173 Town; Zip Code York Beach ME 03910 Formally of NH, I was granted joint physical and legal custody of my daughter. However I get nothing more than weekends and what was suppose to be holidays. Now instead of having a joint custo
  • 05 May 2015797. Eric A
    I support this petition

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Information

Mallory ChungBy:
FoodIn:
Petition target:
New Hampshire Legislature

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