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New Hampshire Family Law Questions & Answers
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.

1 Answer | Asked in Family Law for New Hampshire on
Q: If there is a parenting plan in place but need to change it. The father is living in motels and I have a stable living

He has been verbally abusive as well. Is this good to be able to change the plan? What do I need to do?

Andrew S. Winters
Andrew S. Winters answered on Feb 17, 2019

The law allows you to ask to modify a parenting plan for certain reasons. The list of reasons is found in this statute: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-11.htm

Here is a list of court instructions on how to file a petition to modify...
Read more »

1 Answer | Asked in Family Law for New Hampshire on
Q: How to inform biological father about relocating, when you don't know where he may be.

Hi, I have sole custody and sole decision for my 2 boys for 12 years now. One is now 19, but the youngest is going on 13 next month. My parenting plan states I need to give 60 days notice if I move further away. I released him from child support 11 yrs ago but I had a line added that he could see... Read more »

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

You can notify by publication or seek the Court's permission to remove the child (which will also cause you to notify him when the petition is filed).

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 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
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.

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 changing... Read more »

Joseph Caulfield
Joseph Caulfield answered on Apr 4, 2018

Of course.

1 Answer | Asked in Family Law for New Hampshire on
Q: Can child protective services interview minors without consent?
Michael Reed
Michael Reed answered on Dec 19, 2017

Yes. DCYF can interview a minor without the parents consent in any public place. Where did the interview take place?

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.

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