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New Hampshire Family Law Questions & Answers
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... 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... 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... 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... 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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1 Answer | Asked in Family Law for New Hampshire on
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

Has her and i was yold she cant be at my wedding wjat do i do

William N. Sosis
William N. Sosis answered on Jun 19, 2017

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.

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
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

2 or more persons

Theresa Spearing
Theresa Spearing answered on May 31, 2017

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...
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1 Answer | Asked in Family Law for New Hampshire on
Q: A Temporary Divorce Decree was Issued, Can I cancel Joint Credit Cards?

I was issued a Temporary Divorce Decree which makes my soon-to-be ex-spouse and I responsible for our own finance and credit cards. However, the ex-spouse is spending on Joint Credit Cards, can they be canceled?

Theresa Spearing
Theresa Spearing answered on Apr 5, 2017

Credit card companies are not bound by the terms of your temporary order assigning debt to your soon-to-be-ex-spouse. Since you are ordered responsible for your own finance and credit cards you should obtain a detailed record of what your soon-to-be-ex-spouse is charging and file a motion with the... Read more »

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.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for New Hampshire on
Q: if im sixteen and pregant and im on probation and i runaway what will happen?

im pregnant and on pobation and im planning on running away because i might get sent away for violating probation

Paul Stanko
Paul Stanko answered on Sep 22, 2016

Running away will make it worse. Stay put and get an attorney. If you are indigent, the court can appoint an attorney. What kind of life do you expect to live as a young, pregnant runaway?

1 Answer | Asked in Family Law for New Hampshire on
Q: I am a grandmother who has been denied any kind of contact with my grandchildren for the past 10 yrs.

Can I file a civil rights lawsuite against my ex son-in-law and his now (wife) They have caused me much pain and suffering over the past 10 yrs by not allowing any form of contact with my grandchildren. One grandson is over the age of 18 and the other grandchild (female) will be 18 in Sept.The... Read more »

Israel Piedra
Israel Piedra answered on Aug 3, 2016

You should consult with a Connecticut attorney or post on the Connecticut board. In New Hampshire, grandparents can petition the court for visitation rights: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-13.htm

1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: I'm seeking to divorce my spouse. About 2 years ago we purchased a home. Loan is in my name but they're on the deed too.

I don't want the house--I want to be free and clear of it. What are my options? Can an attorney help me with this and my divorce? My spouse can be quite adversarial so would want to work through an attorney if possible.

Israel Piedra
Israel Piedra answered on Apr 15, 2016

"Advertising"

If your spouse is adversarial, make sure you seek a family law attorney. If you're in the Nashua area, please email me for more information.

http://lawyersnh.com/practice-areas/family-law/divorce/

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1 Answer | Asked in Family Law for New Hampshire on
Q: Can my husbands ex girlfriend stop his court ordered visit because their 5 year old daughter says she doesn't want to go
Israel Piedra
Israel Piedra answered on Apr 14, 2016

Most likely not. To modify visitation someone would probably need a new court order.

1 Answer | Asked in Family Law for New Hampshire on
Q: Can a person with dementia legally change their power of attorney?
Joseph Caulfield
Joseph Caulfield answered on Sep 17, 2013

Dementia is an up and down things as it progresses.

It depends on the person's faculties at the time of the change.

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