New Hampshire Child Custody Legal Questions

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

 NH law prevents parents from moving farther away from the other parent unless the other parent agrees or the court gives you permission.  This apply whether you are moving out of state or another town in NH.   In most instances, court permission is recommended.  Whether the court will give you permission depends on a variety of factors.  Best wishes.... Read Answer

Where do you live now and where do you want to move?  NH law prevents parents from moving farther away from the other parent unless the other parent agrees or the court gives you permission.  In most instances, court permission is recommended.  Whether the court will give you permission depends on a variety of factors.  Best wishes.... Read Answer

Assuming your daughter is as clear with the guardian ad litem as she is with you, then there is a fairly good chance the court will modify the mother's parenting time to everyother weekend or less.  Sometimes children as young as your daughter have difficulty expressing her viewpoints for fear of disappointing the other parent.  It is important that the daughter's concerns are told in the proper manner to maximum the impact it will have on the court. Best wishes.  ... Read Answer

In New Hampshire, the court makes custody decisions using the best interest of the child standard.  Under this standard, the court looks at a variety of factors to determine the parenting schedule that is in the children best interest.  If you have been active in your children's lives, then a 50/50 custodial is possible.  These cases are fact specific and differ for each family.  If you would like information on the best interest standard, please check of the following link to a blog article:  http://nashualaw.blogspot.com/2014/02/new-hampshire-courts-use-best-interests.html Many thanks.... Read Answer

If the parents are married, then the husband is presumed to be the father of the child.  If the parents are not married, then the father only has rights if he either signs the Affidavit of Paternity or  is adjudicated to be the father by the court.  If father refuses to sign the Affidavit of Paternity, mother may petition the court to adjudicate him to be the father. ... Read Answer

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

There is certainly a way to terminate child support payments, and various circumstances which would justify such a termination. You must file and serve an Order to Show Cause (OSC; Forms FL-300 and FL-310, and a blank FL-320 to the child's other parent) and appear in Court at a Hearing to modify or terminate child support.... Read Answer

Neither the question of who files first or who moves out of the home first has any direct legal significance or influence on the ultimate outcome if a judge has to rule on any disagreements about the terms of the final divorce. The significance of who moves out first depends on the nature of your relationship with your wife. If you trust each other sufficiently to believe that it isn't necessary to immediately remove furnishings or other items from the home to protect against spiteful or malicious conduct by the other, the only factor to be considered is what the longer term plan for the house will be. The ideal situation is that you and your wife conduct the process of physically separating and pursuing the legal proceedings in an amicable, organized, planned and orderly fashion, so if that is possible it really isn't important whether you file before or after one person moves out. If a bitter and hostile fight over everything is likely, then perhaps it is better to stay in the home until a judge can rule and set out an orderly plan for the physical separation.... Read Answer