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New Hampshire Family Law Questions & Answers
0 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Hampshire on
Q: curiuos about probate court. my dad passed and just me and my brother. where can i find my dad's will think he made one?

my dad had an financial advisor she was also dealing in family matters probate few different things. I tried reaching out to her with no response. my brother is not being honest with me I feel and not giving me any information really. wants me to sign over my dad's estate so he can be... View More

0 Answers | Asked in Family Law for New Hampshire on
Q: if 1 of the parents is aggressive towards agent and tells them to get a court order what are the other parents options

CPS came today to talk with children, Father was extremely rude and confrontational and wouldn't let Mother or children speak to agent at all. He then told agent to leave and come back with a court order to talk to children. What can we expect or what should we be worried about when they do... View More

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: 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, Adoption and Constitutional Law for New Hampshire on
Q: I've had guardianship of my grandson over 1 1/2 yrs., The parents have had no contact, is this enough grounds for TPR

I have already adopted my granddaughter from the same parents but had help through DCYF for that, now I'm in my own and I'm flying blind... any help would be great

James L. Arrasmith
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answered on Oct 15, 2023

In many jurisdictions, prolonged absence or lack of contact by parents can be grounds for termination of parental rights (TPR). However, each state has its specific criteria and timelines for what constitutes abandonment or neglect. Since you've already adopted your granddaughter, it may set a... View More

1 Answer | Asked in Elder Law and Family Law for New Hampshire on
Q: If my MIL has POA on her mother but is trying to force decision making onto my wife and I is that abuse of power?
T. Augustus Claus
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answered on Aug 9, 2023

If your mother-in-law (MIL) holds a Power of Attorney (POA) for her own mother, she has a legal duty to act in the best interests of her mother and make decisions that align with her mother's wishes and well-being. If your MIL is trying to force decision-making onto you and your wife against... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: Can I pick up my granddaughter she hasn’t been to school in over a year. Can I get her and go to the police from there?

She has not been in school for over a year and I want to go get her. Her father, I believe has been doing drugs and she’s been living in a truck for over a year. Can I go and get her then from there go to the police so I don’t have a kidnapping charge? I want her to come live up here with her... View More

Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

Suggest that you contact the school authorities where she lives, first and they can advise you from there. You don't usually automatically obtain custody of a grandchild without a court proceeding for the protection of the child. This case arises under FAMILY/CHILD ABUSE law. You need to... View More

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My childrens father moved out of NH to GA and left me with the children how long before I can go for full custody.

We were never married never been to court.I’ve always been the primary provider for the children.He rarely reaches out to them since he’s been gone and isn’t providing any type of support.

Matthew D. Minuti
Matthew D. Minuti
answered on Apr 14, 2022

Assuming NH is the home state of you and the children, you don't need to wait! You would be filing a parenting petition seeking sole decision-making responsibility and residential responsibility for the children. Because the children are exclusively your responsibility, you may also want to... View More

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 and Sexual Harassment for New Hampshire on
Q: Can you be convicted on hearsay alone no evidence. Just a person's word against yours I have pretrial over phone call
Andrew S. Winters
Andrew S. Winters
answered on May 18, 2021

Hearsay is generally not admissible although there are exceptions. It is a complicated area of the law. For example, an out of court statement by one of the parties to the case is not considered hearsay. So, if a criminal defendant makes a statement to the police after he is arrested, that... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: Can my sons mother move out of state without telling me?

Current custody agreement states parenting time at discretion of the mother and I have had my son overnights every other weekend for years. I have just found out she is packing up and moving out of state without notifying me. I called child services because I was worried for him 3 weeks ago and... View More

Andrew S. Winters
Andrew S. Winters
answered on Dec 5, 2020

Are you sure there is nothing in the order about relocating? If you look at the court approved form parenting plan, section "F" addresses relocation: https://www.courts.state.nh.us/forms/nhjb-2064-f.pdf

It is possible your parenting plan doesn't include that section but...
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1 Answer | Asked in Family Law for New Hampshire on
Q: My daughter got pregnant and found out after the fact that the father is an illegal alien.

He has not paid child support in NH since the baby was born and refuses to. My daughter filled out the forms for the state for support, however, they said that since his address is not listed with the post office with regards to him living there, that they can't serve him with papers. He... View More

Andrew S. Winters
Andrew S. Winters
answered on Dec 5, 2020

If he can't be located your daughter could use the sheriff or professional service process firm to locate and serve him. Alternatively, in some cases a court will allow service by notice through a publication, like a newspaper or even social media. However, they will only. do so if you show... View More

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 for New Hampshire on
Q: Is it legal to cross out a part of your will as long as you initial it?
Tim Akpinar
Tim Akpinar
answered on Sep 18, 2020

You posted this under Family Law and it remains open for two weeks. There's no guarantee that all questions are picked up, but you might have better chances of input in the Probate and Estate Planning categories. Or you could reach out to local attorneys who practice in those areas. Good luck... View More

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 for New Hampshire on
Q: If a Father signed over his rights in NH under false pretenses by the mother, Is there a way for him to get visitation?

Father thought he was making the best decision for his two children, the mother wasn't willing to work with him about anything and he didn't want to put his kids through that. She told him he could still see them and be in their lives but five years later and that is not the case. He... View More

Brian Waller
Brian Waller
answered on May 13, 2020

If the case where this happened was in NH originally and the kids still live in NH, this would be a NH case and the laws may be slightly different. In general, unless there was something in the written agreement he probably doesn't have much of an argument, unfortunately. Obviously, every case... View More

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.

1 Answer | Asked in Family Law for New Hampshire on
Q: can a life insurance beneficiary payout be contested by family if the insured suffered from a mental illness (bipolar)?

is lawyer needed to show that insured was of sound mind so others cannot try and get the money using insurers mental illness to dispute whom insured designated money to

Israel Piedra
Israel Piedra
answered on Nov 21, 2019

It would be very difficult to prove that a beneficiary designation was changed due to mental capacity or undue influence. Basically, whichever beneficiary is on the policy is unlikely to be changed after death. A lawyer would need to investigate the facts and case law for a more specific answer.

1 Answer | Asked in Family Law for New Hampshire on
Q: I am 13 years old,am I allowed to go to court to support my family member?
Israel Piedra
Israel Piedra
answered on May 30, 2019

Anyone is allowed in a courtroom. It is open to the public, with certain very limited exceptions. I'm not sure I understand your question.

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