New Hampshire Recent Legal Answers from Lawyers

It is best to file for divorce and request the order issue a parenting plan, awarding primary residential and decision making authority.  You can get a temporary order on an emergency basis if necessary.  Once you get the parenting plan, you can provide it to the school and they should prevent your wife from removing the children from the school.  Many thanks,   Kevin... Read Answer

Filing for divorce may offer several protections for you.  You may request the court to issue a support order and order that your spouse's employer pay the support directly to you and bypass your spouse.  YOu may also request request the court issue a restraining order ,preventing your spouse for using marital assets for gambling.  The court issues an automatic order upon filing but you may want to request an emergency order to expedite the service and address specific accounts.  The fact that the assets are held in your spouse's name does not prevent the court from awarding a portion or the entire asset.  If your spouse has waste assets, then you may be entitled to more than 50% of the remaining assets.  It sounds for your question that times is of essence and you may consider acting swiftly.  Many thanks... Read Answer

Yes, depending on the circumstances.  Legal fees are only recoverable if there is a contractual or statutory provision providing for them, and, even on default, there would have to be a hearing (i.e. plaintiff would have to submit evidence and the defendant, even if he/she/it had defaulted in responding to the complaint, would be allowed to cross-examine and probably to introduce evidence as well) to determine the reasonable amount of fees.  Although I've never heard of it, theoretically I see no reason why punitive damages can't be recovered on default, but might be assessed after compensatory damages had already been awarded.  Again, regardless of default, there would have to be a hearing before punitive damages would be awarded.... Read Answer

An overstayed J-1 visa holder does not accrue unlawful presence in the country unless he or she has received a denial from U.S.C.I.S. or from an immigration judge. If you have not received such, you remain eligible for all other forms of immigration except that you will have to consular process your immigration rather than being allowed the privilege of adjustment of status without leaving. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Since you have a child together, you should be able to finish the immigration process even if your wife left you for a woman. (I assume that you already have at least the conditional green card). To remove the conditional basis of the residence card, you can obtain a divorce and file under the category for having had a bona fide marriage which has ended in divorce. As to how to remain in your daughter’s life, you would have to take that up with your wife and that may become the subject of a divorce action on the question of custody. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

Unfortunately I do not see your brother being able to come back to the United States after having been deported for the crime of home invasion and serving 5 years in jail. Unless he is able to have the conviction overturned, he is permanently excludable from the country.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.... Read Answer

To know whether you have a viable medical malpractice case, an attorney will need to get all of the pertinenet records and x-rays and have them reviewed by an expert. Many attorneys believe that a leg length discrepancy following hip replacement surgery is negligence, but it really depends on why the leg length discrepancy exists. Somtimes the prosthesis is inserted incorrectly, other times preoperative measurements are off.  If you want to investigate a case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.           Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Click here for my website. ... Read Answer

This should not happen.  You most likely have a case, with the question being what injuries this excessive radation caused you.  We have handled several similar cases and would be happy to discuss this claim with you.  You can reach us at the email and phone number below.  Nick Deets. Nick Deets HOVDE DASSOW + DEETS, LLC Meridian Tower| 201 W. 103rd Street Suite 500| Indianapolis, IN  46290 Telephone:  (317) 818-3100| Facsimile:  (317) 818-3111 Email: ndeets@hovdelaw.com Website:  www.hovdelaw.com... Read Answer

Unless NH has some unusual procedure of which I am not aware, a "letter of demand" is not a legal procedure, therefore  you can send it any way you want.  However, I'm not sure why you're bothering with a demand letter if your adversary has already told you he has no interest in negotiating a settlement.  If you commence a lawsuit, you will have to serve the defendant by one of the means allowed under NH procedural rules, which probably allow you to serve the defendant at his place of employment.  If you don't know the rules, and are not using an attorney, you can usually find the rules online, or the clerk of the Court can help you.  The same applies to an arbitration.  If you are referring to a demand for arbitration, you must serve in accordance with the rules of the arbitral body.  If you can't find the applicable rule (most prominent arbitration forums, such as JAMS or the AAA, post their rules online), you can call the organization to get  help.... Read Answer

Your best bet is to call the court and ask if there is a court hearing scheduled for your case.  Ask for the civil division.  They will tell you. If a hearing truly is scheduled next week, leave a message on your attorney's voicemail with that information.  He will call you back.... Read Answer

Without a full read of the zoning regulations of Franklin, NH, my first guess would be no.  If the fence looks like a fence and is not a danger to anyone, I would doubt the City of Franklin would have any regulations as to the appearance of each side. I looked at http://www.franklinnh.org/Pages/FranklinNH_Bcomm/ZBA/Ordinances/ord and found nothing on topic regarding fence appearance.  If there is a fence requirement, it would be in the zoning regs.... Read Answer

Hello, In NH, you typically have three years from the date of the wrong (the incident that occurred where you sustained damages) to file a claim for relief. For example, if you bought your car July 15, 2012, you will have until July 15, 2015 to file a claim against the used car dealership.... Read Answer

While I do not know all facts of your case, and I cannot find a NH case on point regarding the avoidance of a DUI checkpoint, other states' courts have found that if the U-Turn is legally done police officers may not chase/stop you due to the U-turn.   I would argue that the stop was unlawful and no crime was committed as you were trying to avoid the long wait at a checkpoint.  You did not disobey an officer, only attempted to avoid the checkpoint itself, which are done at random solely to find drunk drivers. John C. Pomykato Pomykato & Pomykato (617) 423-0001 pomykatolaw.com... Read Answer

Your facts are too sketchy to determine whether your father was ever a US citizen which would be crucial to any determination of whether the right to citizenship was transmitted to you. Even if he was, he would have had to have resided in the US for five years of which two were over the age of 14 prior to your birth in order to transmit citizenship.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  ... Read Answer

Insurance proceeds pass in acccordance with the beneficiary designation made under the policy and filed with the insurance company. Unless the policy is payable by its terms to the estate (i.e., the policy names the "estate" as the beneficiary), the proceeds are not part of the probate estate and do not pass under the will. Thus, the executors have no claim on them. There is nothing for you to do except collect the proceds from the insurance carrier -- you deal with the insurance company, not the executors or their attorney.... Read Answer