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Questions Answered by Joseph Caulfield
1 Answer | Asked in Family Law for New Hampshire on
Q: How do I request a copy of the GAL report.

The GAL submitted the final report. How’s do I get a full copy of the report?

Joseph Caulfield
Joseph Caulfield
answered on Oct 4, 2023

You are entitled to a copy of the GAL report, less any information you have agreed in the GAL stipulation may be redacted, or the court has otherwise ordered redacted.

This is something confidences shared by a child to the GAL.

You may always move the court to release the redacted information.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: Can you get guardianship of a family member (baby nephew), if both family member and parent agrees, without a hearing!
Joseph Caulfield
Joseph Caulfield
answered on Nov 7, 2023

I'm confused by your question.

The family member who "agrees" is a baby nephew? How old?

A parent also agrees. What about the other parent?

No, a court would not grant a guardianship without a hearing.

1 Answer | Asked in Family Law for New Hampshire on
Q: We have joint custody and ex husband is moving over 950 miles away in 2 weeks. What are my rights?
Joseph Caulfield
Joseph Caulfield
answered on Jun 8, 2021

If you object, he would have to seek the court’s permission

1 Answer | Asked in Family Law for New Hampshire on
Q: Our parenting plan is from 2013, daughter is now 9. How likely am I to get overnight time during the week?

Our old parenting plan is from 2013, however for the last 5 yrs or so we have followed an every other weekend schedule, to taking her during the week as well. My daughter has voiced she wants to spend more time on the weekend with us because her mom is now not letting me have her at all during the... View More

Joseph Caulfield
Joseph Caulfield
answered on Sep 15, 2020

Your case sounds excellent to me.

1 Answer | Asked in Family Law, Estate Planning and Probate for New Hampshire on
Q: IS TITLE XLIIIDOMESTIC RELATIONSCHAPTER 457MARRIAGESProof of MarriageSection 457:39, a valid statute

I have recently lost my domestic partner of over 23 years. We were never formally married, but in my research into the matter I came across TITLE XLIII

DOMESTIC RELATIONS

CHAPTER 457

MARRIAGES

Proof of Marriage

Section 457:39: 457:39 Cohabitation, etc. –... View More

Joseph Caulfield
Joseph Caulfield
answered on Jun 3, 2020

Yes, the statute is valid.

This is NH's limited acknowledgement of common law marriages.

You can file in the probate court a petition for an intestate share of your partner's estate.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: I don’t believe I need a GAL that the court assigned...

The court is appointing a GAL and I can’t afford it, and I’m not sure I need one, we were never married/divorced..there is no issue with the bio dad he left and was never heard from until I contacted him regarding this, he has his life and I have mine we just want to terminate his rights and he... View More

Joseph Caulfield
Joseph Caulfield
answered on Dec 13, 2019

The statute requires it.

File a motion & see if the court will ordere the state to pay the GAL.

I'm a GAL, as well as a lawyer.

2 Answers | Asked in Divorce, Family Law and Child Custody for New Hampshire on
Q: Is it OK for my GAL to forward our private email's to the opposing counsel without my permission?

I was having a back and forth email conversation with my GAL. In the emails I was discussing a proposed parenting plan that I have been working on. My GAL decided to forward our conversation, including the draft of my parenting plan to the opposing counsel, stating that "the other counsel... View More

Joseph Caulfield
Joseph Caulfield
answered on May 1, 2018

Unless you've agreed to something else in the GAL Stipulation, the GAL's file is open to both parties, meaning everything can be obtained.

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1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: Can I allow part of a mediation agreement without it being filed?

My husband requested a special visit with his daughter as part of our mediation agreement. Typically, we are allowed to schedule our own visits so it wasn't necessary, but he and his attorney did. The mediation agreement has not been filed (due to my seeking legal counsel and his counsel... View More

Joseph Caulfield
Joseph Caulfield
answered on Apr 4, 2018

Of course.

1 Answer | Asked in Criminal Law for New Hampshire on
Q: my 17yr old son has a hearing for transporting and unlawful possession of alcohol , should I get a lawyer
Joseph Caulfield
Joseph Caulfield
answered on Dec 8, 2015

Yes, because you don't want that on his record, if you can avoid it.

1 Answer | Asked in Domestic Violence for New Hampshire on
Q: In NH, a protection order is placed. Defendant is at a restaurant and victim walks in after. Who has to leave?
Joseph Caulfield
Joseph Caulfield
answered on Dec 8, 2015

Courts generally rule that the defendant must leave.

1 Answer | Asked in Family Law for New Hampshire on
Q: Can a person with dementia legally change their power of attorney?
Joseph Caulfield
Joseph Caulfield
answered on Sep 17, 2013

Dementia is an up and down things as it progresses.

It depends on the person's faculties at the time of the change.

1 Answer | Asked in Family Law for New Hampshire on
Q: I live in New Hampshire what rights do i have as a father? We havent been to court for custody just child support.
Joseph Caulfield
Joseph Caulfield
answered on Sep 17, 2013

You have the exact same rights and responsibilities as the mom has.

1 Answer | Asked in Family Law for New Hampshire on
Q: I have full custody of my son in New Hampshire can I give my ex full custody

I want to give my ex full custody of our son.

Joseph Caulfield
Joseph Caulfield
answered on Sep 17, 2013

Assuming that's in your son's best interests, of course!

You should be able to do it by filing a new parenting plan for the court's approval.

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