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.

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... Read more »

answered on Jun 8, 2021
If you object, he would have to seek the court’s permission

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... Read more »
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... Read more »

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... Read more »
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... Read more »

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... Read more »

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... Read more »
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... Read more »
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. –... Read more »

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.
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... Read more »

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... Read more »
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... Read more »

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.
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

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.

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

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 »
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 »

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).
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... Read more »

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... Read more »
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

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 »
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.

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.
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 »

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 »

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.
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... Read more »

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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.