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Questions Answered by Amy C. Connolly

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

Q: How to do I submit a modification to a parenting plan

My ex girlfriend has agreed to let me move to another state with my son as she also believes it is in his best interest. I would like to have the parenting plan modified to show that.

Amy C. Connolly answered on May 30, 2018

You would file a new parenting plan, that can be found on the court's website. You would need to outline the new routine schedule you have agreed upon. The court should approve the agreement and you will receive a copy of the new parenting plan once it is approved.

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for New Hampshire on

Q: my ex girlfriend was just arrested for domestic violence against her mother, can I get full custody of my son?

I have primary custody of my 6 year old son and my ex girlfriend has visitation 3 weekends a month. My ex girlfriend lives with her mother and was just arrested for becoming belligerent and throwing things through windows. My friend lives next door to her and has also said that she believes my ex... Read more »

Amy C. Connolly answered on May 30, 2018

You can file an ex parte motion to temporarily prevent parenting time with the mother so long as you can show that your son will suffer irreparable harm or injury if the relief requested is not granted. You would file this motion by going to the family court where your parenting plan was issued.... Read more »

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Hampshire on

Q: I want to move out of state from an abusive father of my 8 year old. What are my options?

Amy C. Connolly answered on May 30, 2018

You should report the abuse to DCYF and obtain a protective order. You should seek court approval prior to moving out of state.

1 Answer | Asked in Family Law, Child Custody and Child Support for New Hampshire on

Q: My children's father I divorced 8 years ago. I want to modify child support. Now he wants a paternity test. Can he?

My children's father I divorced 8 years ago in Washington state. We have 2 daughters. The oldest is not his and he knows this, although we have raised her as his own. She is 16 now and still doesn't know. I now live in New Hampshire. He is in Missouri. I would like to modify child support because... Read more »

Amy C. Connolly answered on May 2, 2018

I believe that he can request challenge paternity, however, he may run into a problem if he testified under oath that he was the biological father.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

Q: Can I keep my kids a day of Dad's time for an important party I gave him 31 days notice for?

I have primary. Dad has 2 wkends a month (4days) as he chose on decree. I asked my ex to keep the kids for my husband's 50th bday party where out of town family is coming as well as many of their best friends. Offered options: He could take them Friday- I keep Sat - give back Sunday so he loses no... Read more »

Amy C. Connolly answered on May 2, 2018

I believe you should check the language of the parenting plan. It usually contains a provision that each parent should make reasonable accommodations to deviate from the plan. I think that this would constitute a reasonable request. I do not believe that this would constitute "immediate or... Read more »

1 Answer | Asked in Child Custody and Family Law for New Hampshire on

Q: If a 3yr old child resides in Pa with mother BirthC is blank and the potential father is nh where does DNA take place

Amy C. Connolly answered on May 2, 2018

If the child has live in PA for more than 6 months, that is the child's home state so paternity would be determined in PA. I hope this helps.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

Q: Parenting plan in place. Ex & lawyer have said that I'm allowed a 15 mile move, if I go 5 mi. over that am I in contempt

Parenting plan a year in place, I could not afford a lawyer- he could. I filed the petition because he changed his days/weeks with our daughter all the time and refused to help financially with anything. His lawyer now has him paying half of day care a month, but he's still never accurate per our... Read more »

Amy C. Connolly answered on May 2, 2018

You would not to go jail If you moved outside of the designated areas, however, it could be grounds to change the parenting plan. The law on modification of parenting plans has changed and you may be able to move to amend that portion of the parenting plan based on your facts. I hope this helps.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on

Q: I have majority parenting time, I want to move with my son back to my home state. How likely is the court to allow this?

I have maintained majority parenting time of my son for about 3 years now. I moved to NH to be with my son originally. My entire family (parents, 7 siblings, 5 neices and nephews) are all in my home state of KY. I want to move back to be closer to them. If we made an arrangement for her to take him... Read more »

Amy C. Connolly answered on May 2, 2018

In order to relocate you have to give the other parent 60 days notice of your intent to move. If the other parent objects, the court will need to decide if (1) if the move is for a legitimate purpose; (2) if the move is in the children's best interest. In general, the court will not favor... Read more »

1 Answer | Asked in Juvenile Law for New Hampshire on

Q: My son paid a fine in court but he just got a paper in the mail saying he needs to pay? He already did! Plz help...

My son was charge with criminal mischief a few months back. He paid a fine of $300.00 and that was that I thought. He just got a paper in the mail saying he has to pay $310.00. But he already paid! I dont get it at all. Someone plz help? I dont want my son to go to jail over this! We dont have that... Read more »

Amy C. Connolly answered on May 2, 2018

If he paid by credit card or check you should obtain the records to bring to the court to show proof of payment. The court should have issued a receipt, you should try to find it and bring it to the clerk's office. I hope this helps.

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 has a... Read more »

Amy C. Connolly answered on May 2, 2018

The GAL needs to give you access to anything relied upon as a basis for the recommendation. No communication between you at the GAL is considered confidential. Most GALs will print every email between both parties and keep it in the file that can be reviewed upon the opposing side's request.... Read more »

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1 Answer | Asked in Child Support and Family Law for New Hampshire on

Q: If support payer decides on a career change which reduces his income, by, say, $10k, can the support order be amended?

I've read that a support order can only be changed within the first 3 years if there is a substantial change in circumstances. Would this qualify as a substantial change? And does the support payers decision to take a pay cut play into the decision?

Amy C. Connolly answered on Apr 17, 2018

It would depend on how much the person made annually. If the individual earned $150,000 a year, a $10,000 decrease may not be substantial. However, if the person makes $40,000 a year, a $10,000 decrees could be considered grounds to seek a support modification. Good luck.

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