New Hampshire Child Custody Legal Questions

You should read the court order that incorporates the marital settlement agreement regarding child custody and visitation. If any of those provisions are not complied with by the other party, then you can make a motion to hold the party out of compliance for contempt due to a violation of the order. ... Read More

This is a very serious issue.  Your daughter should seek the advice of attorney in Delware where she lives with the children.  Your daughter should also speak to a domestic violence counselor for guidance and to discuss what services are available to help her and the children.  Best wishes.... Read More

The exisiting parenting plan likely has a provision that you would go to mediation before filing a modification with the court.  You may also try individual counseling for your daughter.  If you have shared decision making you will get to get your ex's consent as well.  You may also consider family counseling so your daughter can communicate with her father in an appropriate environment.  Best wishes.... Read More

You can try and address the issue with the court in which he made the false statements.  If you do complain to the judge, he or she may want to review your records from the clinic.  The judge can refer the case to the county attorney but that does not happen often.  You can file a complaint with the police yourself but the police often refer such complaints back to the court in which the false statements were made.  If the police do pursue charges, the judge may be bothered that you are using the criminal process and not addressing the issue with her/him.  Best wishes.... Read More

Given the facts you provided you have letigimate concerns.  Because you are not married, paternity must be established before he can visitation and you can get support.  Father has no rights to be present at birth unless you agree.  If you have concerns about safety then you may consider not allowing him to be present.  I hope everything goes well with the delivery. Best wishes.... Read More

Is there a specific question you have?  Getting custody over a biological parent is very difficult as biological parents have constitutionally protected rights to parent his/her children.  If the parent is not fit, then the court may award guardianship over the child to another person.  Best wishes... Read More

The terms of the parenting plan govern the pick ups and drop offs.  So, if the parenting requires you to drop off at her house, you must continue to do so unless she agrees or the court modifies the parenting plan.  Given that she moved a half hour away from you, the court will consider the request.  Before filng you may want to try offering other solultions such as having all exchanges done 1/2 between you.  See the attached link: http://www.nashualaw.com/finding-a-middle-ground-in-child-custody-disputes/ . Or, maybe you change that each picks up at the other's residence at the beginning of parenting time as opposed to dropping off at the end.  Best wishes.... Read More

You are taking a risk by moving without consent from the court or your ex.  If you move without consent, the court may order the children to be returned to NH.  If the children return to NH without you then your ex will likely get custody.  If you petition the court for permission to move, the court will decide if you are moving for a legitimate reason.  Then the court will decide whether it is in the best interest of the children to relocate out of state with you or stay in NH with you. Best wishes... Read More

It is difficult to assess from the limited facts provided.   In order to change 50/50 custody, the court only needs to find that the 50/50 custody is not working.  If your ex is being an obstacle and the court agrees with you then they may hold her contempt.  You may want to try counseling with your child to help repair your relationship.... Read More

You and the other side should have already exchanged mandatory disclosures and financial affidavits. You should also bring an updated financial affidavit and paystub if it has been more than 30 days since producing your most recent one. You should a draft proposal so you can explain to the mediator what you are looking for. You should a lawyer review any potential agreement before you sign anything, especially if the other side has a lawyer. ... Read More

With shared custody, if the court finds that the parenting agreement is not working then the court may change the plan based on a finding of the child's best interest.  So, your ex must prove the plan is not working and why going to kindergarten makes the plan unworkable.  If she does that, then the court will decide which home is in the child's best interest to live in more.  It therefore possible that the court could order that the child reside with you.  It is important to take the issue seriously.  You should consider using a guardian ad litem to help the court make a decision.... Read More

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 More

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 More

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 More

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 More