New Hampshire Family Legal Questions

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 More

While New Hampshire law 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 More

If there is an existing court order on parenting, then you should file an assented motion to modify the parenting plan and included the stipulated parenting plan along with the motion.  You should get your son's father to assent to both the motion and the parenting plan.  I should file a motion to modify child support to reflect the change in the parenting arrangement. ... Read More

Upon filing for divorce, you may request the court to order your husband to vacate the home and award you exclusive use and possession of the home pending the divorce.  Unless there is an emergency situation requiring quick action, this make take several months.  Many thanks,  Kevin Rauseo.... Read More

He will likely be required to bring his paycheck and tax return to court.  If he has worked in the past, he will be assessed his prior incomes.  Parents of children are not simply allowed to quit working to avoid support.  Unless, he has a verifiable reason for not working, the court will "pretend" that he is and give him an income if they can't verify it.  But, if you know where he works, the support officer should be able to check on it.  And you can always call someone there as a witness to verify his employment if they don't.... Read More