New Hampshire Recent Legal Answers from Lawyers

Thankfully, neither of you were injured. And it is that lack of injuries that means you don't have a lawsuit. In addition to negligence, you need to prove damages, that the negligence caused some real harm. Consider yourself fortunate that you have no case. Any thought that fear is compensable is very attenuated. ... Read Answer

You should immediately file a response to the motion and gather the information necessary to prove the allegations are not true.  The court will likely schedule another hearing which will allow each side more time to present her/his position.  You need to gather all evidence, ie witnesses, records, documents, to defend against the allegations. You may consider requesting the appointment of guardian ad litem to conduct an investigation as well.... Read Answer

You cannot decrease your child support on your own.  If you want to decrease child support, then you must file a petition to modify with the court.  If the child support was 3 years ago or more, then you are entitled to to have child support recalculated under NH law.  If it has not been 3 years, then you most prove the occurence of a substantial change of circumstances which makes the current order unfair.  Even if you ex agrees to reduce child support, you MUST get court approval before it is effective.  If you fail to get court approval, then the current order continues to govern child support no matter what agreement you reach with your ex. ... Read Answer

Kayla has several options available to her.   She should speak to her lical domestic violence clinic about obtaining a domestic violence abuse prevention order.  It is an effective tool to abused person.  The restraining order can also address custody if her son.    If Dylan hasn't sigen an Affidavit of Paternity or a court hasn't determined Dylan to be the father, then Kayla may be able leave without Dylan's input.  If Dylan has beeb added to the child's birth certificate then Kyla may petition the court for an emergency order if she or her son are in danger.... Read Answer

Generally, it is in your best interest to remain in the house until the court holds a temporary hearing and issues orders as to finances, who will occupy the home and who will pay the bills, etc.  Depending on your wife's income, your income, and the amount of debts and expenses, will determine what, if anything, you are required to contribute.  Further, if your name is on the lease or mortgage, you are responsible for the obligation.  While getting a court order does not negate your responsibility for these debts, it gives the court the power to compel your wife to make the payments if she does not do so. ... Read Answer

Generally, it is in your best interest to remain in the house until the court holds a temporary hearing and issues orders as to child custody, finances, who will occupy the house, etc.  Because your wife previsiously threatened to a domestic violence petition, that may change the circumstance as a DVP order can negatively impact th case.  Did she make the threat in writing?  When did she make the threat?  If you move out before the temporary, your wife is likely going to restrict your access to the children.  The other potential negative implications to moving out of the house.  Many thank.... Read Answer

The fact that the police declined to investigate isn't helpful, but the standard in a civil matter is lower. If you daughter does show signs of psychology harm, you should discuss the facts, in detail, with a good lawyer. Also, obviously, I'd remove your child immediately. Good luck and I'm very sorry your daughter had such a bad experience. Such things can create separation anxiety that last years. ... Read Answer

NH law prevents relocation of a child away from the other parent unless the other parent agrees or the court authorizes the relocation.  You will need to prove to the court that the father approved your the relocation of your daughter from NH to NY.  You will need to timely respond to the contempt to make sure your rights are protected.  Many thanks.... Read Answer

If you are looking to file on your own, you may obtain the forms from the court or online from the NH Judicial Branch website.  There are several forms that you and your husband will need to complete and file with the court.  If you and your husband agree to terms then you may file jointly.  You may also want to discuss the settlement terms with attorney before you sign to make sure you understand the impact of the agreement.  Many thanks... Read Answer

It is unclear from the question whether the amendment was approved by the court, the nature of the payments you owed to him under the divorce agreement or if there is a current court case pending.  Depending on the terms of the 2012 amendment, you may be able to argue that the amendment acts as a waiver or at least put the burden on your ex to prove there is still money owed.  Best wishes.... Read Answer

In making a decision on residential responsibility or custody, New Hampshire courts use the best interest of the child standard. The fact that you have your daughter most of the time is a plus for you.  I explained the factors court use in determining what is the child's best interest in a blog article, the link to which is http://nashualaw.blogspot.com/search?q=Best+interest+of+child .  If you have difficult opening the link, I can send you the article.  Many thanks.... Read Answer

The answer is that it may well have been medical negligence to give you a medicine you are allergic to, but the bigger question is what harm it caused. In this arena, you require substantial injury to have a viable claim. I suggest calling a couple of attorneys to discuss your situation. Good luck. ... Read Answer

While NH  allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in NH to annul a marriage: 1) incest; 2) bigamy- one or both spouses where legally married to another person at the time of the marriage; 3) married before reaching the age allowed by law; 4) marriage that did not follow requirements of state law (i.e. no marriage license or not solemnized before appropriate official); 4) fraudulent representation of something essential to the marriage relationship. making impossible the performanc of the duties and obligations of the marriage.  If you file for annulment and the court does not find sufficient cause to establishment an annulment, then you will still need be married and will need to file for divorce.  It is important that you make sure your grounds are strong before deciding how to act.  I have found annulments on fraud grounds to be difficult to establish, while annulments on bigamy to be somewhat easier.  Many thanks,  KevinP. Rauseo, Esquire.... Read Answer

If there is a pending case open, then you have 10 days from the date he filed the motion to file your objection.  If you do not file a timely objection, then the court may make a decision without your input.  So, it is very important you file a timely objection.  If your ex is making the payment, then you have the right to file a contempt motion.  Many thanks.... Read Answer

Modification of  a permanent order is restrict to limited issues.  If you have substantially equal amount of the parenting time, then modification is somewhat easier.  If not, you may only modify parenting schedule on a very limited reasons.  To complicate matters further, you also need to meet the standard in RSA 461-A:12 relative to relocating the child.  As for the initial decision, the only way to address those issues would have been to file an appeal with the NH Supreme COurt after the decision was issued 7 years ago.  Please let me know if you have any questions.  Many thanks.... Read Answer

Upon divorce, the court will divide assets.  The laws presumes the assets will be divided equally but the court may awarded one spouse more assets than the other spouse depending on various factors.  The court will also decide if one spouse will pay support to other.  This depends on the income levels of the both parties.  If there are children, the court will issue parenting orders and child support provisions.  You may file for divorce based on irreconcilable differences that the cause the breakdown of the marriage. No fault is needed for divorce on that basis.  The law also allows you get divorce on fault grounds but this is not required.  The fault grounds are adultery, habitual intoxication, extreme cruelty, conduct to injure health and reason and impotence.  Many thanks... Read Answer

It's a bit unclear if your wife was taking more than prescribed or was prescribed too much. But, first, I am sorry you've had such a harrowing experience. Your best first step, legally, is to discuss the matter with an attorney. Most good lawyers will not charge anything for an hour or so to talk about your options. ... Read Answer

You would need to file a Petition For Guardianship in the Circuit Court- Probate Division, assuming your daughter resides in NH also.  In order to get guardianship over your daughter, you need to show the court that she has suffered, is suffering or is likely to suffer susbtantial harm due to an inability to provide for her personal needs for clothing, shelter, healtcare or safety or inability to manage her property or financial matters.  At least one incident showing this inability must have occurred within 20 days of the filing of the guardianship petition.... Read Answer