New Hampshire Family Law Questions & Answers

Q: How to inform biological father about relocating, when you don't know where he may be.

1 Answer | Asked in Family Law for New Hampshire on
Answered on Feb 1, 2019
Christine G. DeBernardis' answer
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).

Q: If a parent has no job or "home" of their own, does parenting time still continue, even with overnights?

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Feb 1, 2019
Christine G. DeBernardis' answer
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 leave it in place and give father some time to find his own place to live than it would be for parenting time during the week when the child needs to be fresh and ready for the school day (though this...

Q: Do I have to respond to my daughters emails or texts demanding what we do with her son . If her visits were terminated

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Nov 5, 2018
Joseph Kelly Levasseur's answer
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 parents and a guardians attempt to to keep the alienated parent informed. Also keep in mind these texts and emails are great for putting into evidence so be very careful how you respond, always, if you...

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

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on May 30, 2018
Amy C. Connolly's answer
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.

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

1 Answer | Asked in Domestic Violence, Family Law and Child Custody for New Hampshire on
Answered on May 30, 2018
Amy C. Connolly's answer
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. Best of luck.

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

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for New Hampshire on
Answered on May 30, 2018
Amy C. Connolly's answer
You should report the abuse to DCYF and obtain a protective order. You should seek court approval prior to moving out of state.

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

1 Answer | Asked in Family Law, Child Custody and Child Support for New Hampshire on
Answered on May 2, 2018
Amy C. Connolly's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on May 2, 2018
Amy C. Connolly's answer
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 irreparable" harm to the children if they did not attend, so I do not believe you would have grounds to file an immediate motion with the court. However, he should make the accommodations because it sounds...

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

1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Answered on May 2, 2018
Amy C. Connolly's answer
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.

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

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on May 2, 2018
Amy C. Connolly's answer
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.

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?

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on May 2, 2018
Amy C. Connolly's answer
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 allowing the primary parent to move out of state. In my experience, the only time a parent is permitted to move far away is if the parties have come to an agreement. I hope this helps.

Q: Is it OK for my GAL to forward our private email's to the opposing counsel without my permission?

2 Answers | Asked in Divorce, Family Law and Child Custody for New Hampshire on
Answered on May 1, 2018
Joseph Caulfield's answer
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.

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

1 Answer | Asked in Child Support and Family Law for New Hampshire on
Answered on Apr 17, 2018
Amy C. Connolly's answer
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.

Q: Can child protective services interview minors without consent?

1 Answer | Asked in Family Law for New Hampshire on
Answered on Dec 19, 2017
Michael Reed's answer
Yes. DCYF can interview a minor without the parents consent in any public place. Where did the interview take place?

Q: My friend let her son go see his grandparents

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Dec 8, 2017
Joseph Kelly Levasseur's answer
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.

Q: Check the more information section

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Answered on Oct 15, 2017
Joseph D Garrison's answer
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.

Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Answered on Aug 8, 2017
Israel Piedra's answer
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 papers in New Hampshire.

Q: My ex and i have a parentung plan with him to have her every other week during the summer. My wedding falls on a week he

1 Answer | Asked in Family Law for New Hampshire on
Answered on Jun 19, 2017
William N. Sosis' answer
Violating the parenting plan, especially for a non-exigent matter, is never a good idea. Unless your wedding is right around the corner you can try consulting an attorney.

Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Answered on May 31, 2017
Theresa Spearing's answer
Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a notary public or justice of the peace or other official authorized to administer oaths in the place of execution, as follows:

The foregoing instrument was acknowledged before me this __________...

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