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New Hampshire Family Law Questions & Answers
1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Q: Can my ex allow my child who is 13 to go do work without informing me or having some sort of papers to sign
Brian J. Stone
Brian J. Stone
answered on Oct 13, 2024

That would largely depend on your court-ordered parenting plan. Depending upon the nature of the employment, it may also be considered a significant activity impacting their health and/or welfare; most parenting plans would require both parents to agree to any such activity. The age for most jobs... View More

1 Answer | Asked in Child Custody, Child Support and Family Law for New Hampshire on
Q: If father isn't on the birth certificate does he have legal rights? Also how do u get legal custody of child
Brian J. Stone
Brian J. Stone
answered on Oct 12, 2024

If the father is not on the birth certificate, he would need to file a parenting petition in the family division. In that case, the father would have to request a paternity test to prove he is in fact the biological father. Then the father has asserted his parental rights. Once those are... View More

1 Answer | Asked in Family Law for New Hampshire on
Q: What do I do when my father won't let me inside the house I am not supposed to be alone with epilepsy?
James L. Arrasmith
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answered on May 27, 2024

First, try to stay calm and ensure your immediate safety. If you have a phone, call a trusted friend, family member, or neighbor who can provide you with temporary shelter or assistance. It's important to not stay alone, especially if your epilepsy requires supervision.

Next,...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

James L. Arrasmith
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answered on Apr 30, 2024

In a joint revocable trust where you are the sole trustee after inheriting it from your parents, your brothers generally cannot successfully take you to court to claim ownership or remove you as the trustee, assuming the following conditions are met:

1. The trust was properly created and...
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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Tax Law for New Hampshire on
Q: i inherit a joint revocable trust from my parents and im the only trustee can my brothers take me to court to take it

can they claim ownership? can i get removed even tho its an irrivocable trust ?

Linda Simmons Campbell
Linda Simmons Campbell
answered on Apr 30, 2024

A trustee and a beneficiary are not the same thing. You can be both the trustee and a beneficiary or there can be one or multiple beneficiaries and this may not include the trustee. A trustee is responsible for managing the trust. A beneficiary is the person(s) who will receive the assets of the... View More

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1 Answer | Asked in Family Law, Child Custody, Constitutional Law and Gov & Administrative Law for New Hampshire on
Q: How much time does NH DCYF have to produce case records once requested in writing by a valid authorized person?
James L. Arrasmith
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answered on Mar 21, 2024

If you're seeking access to case records from the New Hampshire Division for Children, Youth, and Families (DCYF), it's important to know the process and time frames involved. The rules around this are set to protect the privacy and welfare of the children involved, while also providing... View More

1 Answer | Asked in Probate and Family Law for New Hampshire on
Q: Is there a way to have an adult name change without the name on my birth certificate going away? Can it be an AKA?

I was born under one last name. I was step-parent adopted, and my last name changed, as a child. I was married, and my last name changed again.

Is there a way to go back to the last name I was born under, before the adoption, without losing my adopted last name on my birth certificate? Is... View More

Nina Whitehurst
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answered on Mar 7, 2024

In every state there is a legal method for changing your legal name without changing the name on your birth certificate. You might even find self help forms on the court’s website. If not, you should hire an attorney to help you navigate the process.

1 Answer | Asked in Child Support, Divorce, Family Law and Criminal Law for New Hampshire on
Q: My son’s been stressed due to separation/divorce. He has guilt & remorse for rough handling of 6-mo son at 4 AM changing

My grandson was screaming, fighting, a 20-lb strong baby. My son lost his temper and threw the baby on sofa cushions. My daughter-in-law took baby to hospital , citing child abuse, reported him to CPS, claims my son caused a fracture to one of baby’s ribs. Police are following up, My has no prior... View More

Leonard D. Harden
Leonard D. Harden
answered on Jan 17, 2024

The allegations are very serious. The potential exists for there to be felony charges depending on if there was in fact a serious bodily injury. It is vital that your son not talk to the police or DCYF without speaking to a defense lawyer. The facts may also reveal that it was not a criminal... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Child Custody for New Hampshire on
Q: mywifes friend was in car accident,kids in car.all ok police found paraphrenalia and siezed car.can they take kids?

she has no recollection ,asnd her ex boyfriend allegedly got a call that dcyf is taking kids tomorrow.no one will speak to her.its sunday,happened sat.what can she do?

T. Augustus Claus
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answered on Dec 12, 2023

Your wife should take immediate steps in response to the complex situation.

If the Department of Children, Youth, and Families (DCYF) gets involved, she should cooperate fully, answering questions honestly and maintaining politeness.

It's crucial to gather relevant documents,...
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1 Answer | Asked in Criminal Law, Employment Law, Family Law and Personal Injury for New Hampshire on
Q: Is it OK for a school front entrance to be completely blocked by buses so there is no way to reach the front office?

And can a crossing guard close down a road so buses can go instead of traffic which then again blocks emergency vehicles as well

Tim Akpinar
Tim Akpinar
answered on Mar 26, 2024

A New Hampshire attorney could advise best, but your question remains open for three weeks. It could depend on whether the school or school district imposes any conditions in the interest of child safety that supplement ordinary state and municipal vehicle & traffic laws. An attorney would... 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, 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 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 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: 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: 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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