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New Hampshire Child Custody Questions & Answers
1 Answer | Asked in Child Custody for New Hampshire on
Q: Is alcoholism grounds for loss of child custody?

Husband is intoxicated and unsafe with children but refuses to leave home. What do I do? I am afraid he will get partial custody if i take it to court and I'm terrified of my kids being in his care while under the influence

Israel Piedra
Israel Piedra answered on May 28, 2019

That would certainly be a factor in a custody (parenting) determination. However, courts tend to want both parents involved in the children's lives. Without documented abuse, it is difficult to fully terminate parental rights. If the alcoholism is well documented (arrests for DUI, etc.), you MAY be... Read more »

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: If a parent has no job or "home" of their own, does parenting time still continue, even with overnights?

Child' father lost his job and kicked out of where he was staying. Started living with his mother while trying to find a new job and a new place to live. He is supposed to have our child overnight every other weekend. Does this change now that he doesn't not have a place of his own? What happens... Read more »

Christine G. DeBernardis
Christine G. DeBernardis answered on Feb 1, 2019

If the child has a "sleeping space," (own bed or area to sleep, but most preferably a bedroom), the Court may still permit the parenting time to continue. Many people lose jobs or fall into bad situations and live with a relative. If this is weekend parenting time, the Court is more likely to... Read more »

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: Do I have to respond to my daughters emails or texts demanding what we do with her son . If her visits were terminated

Her visits were terminated 1 1/2 years ago. I've had legal guardianship of him since he was 5 1/2 months he is almost 5. The only home he has ever known is with my husband and I

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Nov 5, 2018

You do not have to respond but it may depend on the written court decision for the guardianship. It may state in the decision what types of contact the mother can or cannot have. Read it carefully. Just keep in mind that generally speaking, courts prefer allowing some types of contact with the... Read more »

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
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
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
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
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
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
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
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
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 »

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 »

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 Family Law and Child Custody for New Hampshire on
Q: My friend let her son go see his grandparents

My friend let her son go see his grandparents in North Dakota and now they are saying they won’t let him come home what can she do

Joseph Kelly Levasseur
Joseph Kelly Levasseur answered on Dec 8, 2017

She can call the police in North Dakota in the town the grandparents live in and try to file criminal charges for kidnapping. She should also file criminal charges in NH with her local police department so they can help her get her children back.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: Check the more information section

Hello I have an 8 year old daughter who's mother has just came back into picture she was granted Sunday and Monday night custody. My mother has overall guardianship. My daughter has dance lesson which I pay for out of pocket and has been in dance longer then her mother has been back but now the... Read more »

Joseph D Garrison
Joseph D Garrison answered on Oct 15, 2017

If she is not complying with the Court Order then one option is to file a motion for contempt. She will be responsible for your costs if you are successful. The guardian cannot stop visitation - you will need to ask the Court to modify the Order so your daughter gets to dance class.

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

Also if you have dual residency how would that affect UCCJEA?? My "spouse" claims he'll agree to a jurisdiction waiver.... We've been seperated well over 2 years. I want this done and over with ASAP!!

Thank you tremendously for any information or feedback! It's greatly appreciated!!

Israel Piedra
Israel Piedra answered on Aug 8, 2017

One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce... Read more »

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2 Answers | Asked in Child Custody for New Hampshire on
Q: Can I take my child from new hampsher back to Missouri leaveing her drug out mom there is no costudy order sighned

We only have been in new hampsher two months both of us on birth certificate no custody order in place

Ray Choudhry
Ray Choudhry answered on Jun 15, 2017

You need to get a custody order in place.

Otherwise, when you leave for MO, she may file papers in NH and you may have to bring the kids back.

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1 Answer | Asked in Child Custody for New Hampshire on
Q: If custodial parent moves out of state with child and abuses her can i get custody? I have not seen child in six monah

I have not had contact with my ex husband in more than 6 months as he refused to get back to me about arranging a date to visit her. I had problems in the past with not having a stable environment for her to live in. According to our parenting plan he was not to move farther away without asking me... Read more »

Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

You can file in NH but you should also consult with an attorney licensed in Maine asap.

1 Answer | Asked in Child Custody and Divorce for New Hampshire on
Q: Hello, Divorce agreement says I can not take kids out of school. They Irish Dance. Ex signed them up during school hours

If we both agree to this, can I take them out of school to go? Can I get in trouble for it? Bad, bad breakup with a violently abusive wife who turned it on me when I told her I was leaving and had me taken away from family for over a year. Finally received 50% custody 3 years ago. Kids Irish dance... Read more »

Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

If you both agree then that's fine. You should have your ex confirm that it is OK in writing (text or email) so you have a record of it.

1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Q: Can I get pro bono help with a case I have in family court reguarding my ex molesting our 9 year old?
Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

Yes, contact the NH Bar Association pro bono program.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My daughter's father hasn't been in her life for awhile hasn't paid court ordered child support in a year. What can I do

He doesn't make effort to see her. I want full custody and him off the birth certificate. I tried giving him the chance of surrendering his rights. He told me to take him off her birth certificate but won't work with me in the steps.

Joseph D Garrison
Joseph D Garrison answered on Apr 1, 2017

You can file a motion to enforce court order. You may also want to consider contacting the child support division at the DHHS to see if they can help.

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