Subscribe

Can My Childs Dad Go To NH Court for Physical Custody?

Question:

I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now.

Answer:

If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence – or the child’s residence – out of state.

If the order doesn’t address it, the case law controls. You need to bring an action for removal of the child. You can move with the permission of the other party or with the Court’s permission. To get that, if the other party objects, you will need to show that the move is in the child’s best interest. You may also have to take on the onus of transportation and/or costs associated with the other party’s parenting time now that the child lives in another location or amend the parenting plan as a result of the new location.

This isn’t an easy area to navigate alone. Consult with an attorney and get advice about your individual situation.

Want to be sure that I am the right attorney for you? I offer a phone free consultation for you to talk about your case and decide for yourself before you pay a retainer.  Contact me now by phone or email.

Why Do I Need a Trust?

Welcome back to my series on estate planning. I hope that our articles have been helpful and informative. If anything else, I want to spark thought on this topic and help you begin deciding what you’d like to see happen when you are gone. Okay, let’s get to Trusts! I...

Visitation Part 2: Pick up, Drop off and Last Minute Schedule Changes

It’s very rare that parties to a divorce, or parents who are no longer in a relationship, get along very well. After all, if you did, you’d likely still be together, right? It is more typically the case that parents do NOT get along. As a result, dealing with...

Supreme Judicial Court Announces Interim Procedure for Attorney and Self-Represented Party Participation in Juror Voir Dire

Supreme Judicial Court Announces Interim Procedure for Attorney and Self-Represented Party Participation in Juror Voir Dire BOSTON, MA – The Supreme Judicial Court today announced an interim procedure to implement a new statute, St. 2014, Chapter 254, Section 2, which...

Divorce After 50

Picture This:  You married your high school sweetheart.  You settled down and had a couple of kids early in life whom are now out of school and have families of their own.  Through the early years of your marriage things were great, but as you both matured, and the...

Massachusetts: The Alimony Reform Act

A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and guide the Courts, and the litigants, regarding certain aspects of alimony. Amongst other...

Losing Custody of Your Child

Losing custody of your child is one of the most heart-wrenching things a parent can endure.  As a family attorney, I am often asked about the types of things that will result in losing custody of your child.  This article will point out a few actions that can lead to...

Can I be arrested for a warrant in Massachusetts if I go to the local DMV in Massachusetts?

Q:  Can I be arrested for a misdemeanor warrant in Massachusetts if I go to the local DMV in Massachusetts? If there is a warrant, you can be arrested at any time. They don't specifically have people standing by to take you into custody at the DMV, but certainly, law...

Marital Property: What is it?

Far too often I meet with a client for consultation who is concerned that a certain asset is not a marital asset because it is not “in [their] name.” A client may say “well, we have a home but it is in his name only” or “I don’t have a retirement account, but she...

Should You Date Before Your Divorce Is Final?

You filed a Complaint for Divorce and are ready to move on with your life. Should you date before your divorce is final?  Can dating someone hurt you while you are going through the divorce process? Could dating hurt you at all? Although it is always best to wait...

Can my wife take my inheritance in the divorce?

Very popular question!  I often get this question - can my wife take my inheritance in the divorce? or can my husband take my inheritance in the divorce? In my experience, most judges look to keep “family money” within a family.  If your parents saved their entire...

Prenuptial Agreements: Why Would I Want That?

It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it?  How do you plan a happy life while deciding what to do if it all goes south?  The problem is that most...

2021 Update! Still Missing – Maura Murray

March 2021 Update: For those of you following this case, you are probably aware of Tim & Lance's podcast, Missing Maura.  For years, the podcast was its own entity.  Over the years, they began highlighting other cases as well.  To learn about Maura's case, there...

Just When We Thought He Was Beyond Reach

By now you may have heard that Bill Cosby was recently criminally charged by one of the women who claims that she was drugged and touched by him in the past.  The Commonwealth of Pennsylvania charged Bill Cosby today with aggravated indecent assault, sneaking the...

Why Do I Need an Estate Plan?

Recall in our first article on estate planning that we introduced you to some general information question about estate planning.  Let’s start our series out now with a very basic question: Why do I need an estate plan? This is a very reasonable question! I think that...

Re-establishing Parenting Time

In August, I wrote about the Parent that Used to Be Absent.  This is a follow up article to that post about re-establishing parenting time and what to realistically expect when trying to do so. Often I speak with a parent that hasn’t seen their child in a long period...

Questions You Should Ask Your Divorce Attorney

When seeking a divorce attorney, there are a million questions running through your mind.  It’s wise to make a list of the topics you wish to address so that you can make the most of your time together.  Here are some questions you should be sure make that list: 1. ...

How do keep my divorce moving forward?

     This is a common question in my field and it’s one of the most difficult to answer, unfortunately. Divorces can take many paths. The outcome of each case is truly dependant on the parties. So, how can you keep your divorce moving forward...

Parental Rights – Surrender vs. Termination in NH

Being a parent is one of the most wonderful gifts in the world.  As such, Courts are reluctant to come between a parent and a child.  However, there are times when the court will remove a parent's rights.  This is known as a termination of parental rights.  There are...

Do I have to pay child support without a court order?

Do I have to pay child support without a court order?  This is a question that I see often in my practice. The answer is two-fold: there’s the legal advice and the practical advice. Picture this:  you and your partner have separated. You’ve moved out of the home. ...

Massachusetts: How does Separate Support Differ from Divorce?

In Massachusetts, I am often asked about the difference between Separate Support and Divorce.  Actions for Separate Support and Divorce are two very distinct options that are separate filings in the Probate & Family Court. It is important to understand the...

Keep Your Divorce A Private Matter

You have probably seen it in the news.  Johnny Depp and his wife are divorcing.  You may have even searched for details of the settlement.  After all, he's bound to be worth millions (or more!?)!!  How are they going to split that vast estate?  Well, you may have...

What is the Automatic Restraining Order?

When a Divorce is filed, an automatic restraining order on assets immediately applies. This prohibits you, and your spouse, from encumbering, selling or transferring certain marital assets during the pendency of the divorce proceedings. Notice of this automatic...

The Safe Driving Law in Massachusetts

There is a lot of press recently about texting while driving all over our country but particularly in the Commonwealth of Massachusetts. Many states have banned texting while driving. There are commercials on TV about texting while driving. There are signs on the...

Can I get an Annulment, please?

What is an Annulment? In Massachusetts, an annulment is a statement by the Court that you were never legally married. Unlike divorce, which acknowledges that you were married and then terminates that marriage, annulment it is as if the marriage never happened. ...

Massachusetts Complaint for Contempt – Serve that Summons!

Many times a case gets dismissed for failure to provide adequate notice to the other party that a complaint has been filed.  This is because the the other party has a right to be given notice of any actions taken against them or that they are named in a proceeding. ...

2017 Child Support Guidelines – Part 3

In part 3 of our series on the 2017 Child Support Guidelines, we will be addressing child support for children between 18-23 years old and parental contribution to post-secondary educational expenses. If you would like to read about other changes, please see Part 1 -...

What is the role of a Guardian Ad Litem in Massachusetts?

I recently received a question on our website about how much input a GAL (Guardian Ad Litem) has with a judge during a divorce and custody case.  That's a complex issue so rather than write a quick answer to the question, I decided to write about it here on our blog....

Cheating Spouse: How Do You Know?

Brad Pitt and Angelina Jolie have been all over the news lately about their divorce.  There have been numerous reasons cited for the divorce.  Everything from drug abuse to physical abuse to affairs.   Both have been married AND divorced more than once.  In this and...

Getting a Divorce Without Notifying the Spouse

The heading reads: "Man Got Divorced Without Ever Telling His Wife, Police Say".  (https://www.wmur.com/article/man-got-divorced-without-ever-telling-his-wife-police-say/29101534).  That title holds a lot of information.  Just reading the first part of the title,...

CWOF – May I have another?

A while back I wrote an article telling you about a CWOF. What is it? How does it work? What does it entail? You can check that article out here: What is a CWOF.   Recently I have had a number of questions about the process of CWOF, including whether it can be done a...

Appeal a Judgment

I recently came across this article "How to Appeal a Judgment without an Attorney."  Being fairly intrigued, I read the article looking for holes that I could use in writing this post.  However, I must admit, it was well written and it was thorough.  It began by...

Letting Go After Your Divorce

Divorce can be devastating even when both parties agree. Letting go after your divorce is difficult at best.  It's an emotional roller coaster, particularly when children are involved.  Sometimes, one party has been the "fixer" in the relationship; the one who has...

Wait! We Didn’t Mean to Divorce! Can’t We Get a Do-Over?

During the month of December, the New Hampshire Supreme Court upheld a lower Court’s decision that a couple cannot “un-divorce,” or “vacate” their divorce, by joint motion to the Court. In this particular case, a couple that had divorced after 24 years of marriage...

Termination of Parental Rights

Separation and divorce are never easy times for a couple in distress.  Couples may be disagreeing over money, their relationship and everything in between.  I often receive calls asking about the "termination of parental rights".  What I learn after listening to the...

Physical Custody

Series Part II - Physical custody/Residential responsibility Often people come to me and want “sole custody” of their child.  I wrote last week about sole legal custody (MA) and decision making (NH).  This article will continue that series discussing  physical custody...

Should You Ask For a Lawyer?

Asking for an attorney, whether you have committed a crime or not, is not only smart - it's YOUR right.  In spite of news media or the way TV portrays our legal justice system, the right to counsel is one of the most fundamental parts of our justice system.  Every...

Child Support: Two Part Series on Common Issues – Intro

Certain questions become very common in the practice of divorce and parenting.  Particularly with the commonality of changing jobs more often than in the past and second marriages and/or new relationships post-divorce, issues rise that may not have been an issue many...

Filing a Protective Order

Filing a protective order (209A) can be a scary time.  Maybe you aren't sure where you will go.  Maybe you have children to consider.  Perhaps your family is not as supportive or available as you need.  There are places and ways to get help so that you are not alone. ...

Shared Physical Custody: A Growing Trend

Years ago, when a couple parted ways, it was simply assumed that the children would live with their mother and have visitation with their father. Typically, the father's visitation with his children was for two weekends per month and if feasible for him, a "dinner...

Can my parents get their money back that they loaned us when we got married?

My parents lent my husband & I money while we were married. I now want to make sure that they get their money back during our divorce. Can my parents get their money back that they loaned us when we got married? Maybe. If your parents lent money to either or both...

Estate Planning: Planning Ahead

Nobody wants to think about their death. It's unpleasant no matter how you look at it.  However, planning ahead is more than simply dividing up your worldly assets.  It can ensure that your children are cared for by the person that you prefer. Planning ahead can...

Can an Attorney Represent Both Parties in a Divorce

I receive calls frequently from potential clients who are seeking an attorney to counsel the parties, together, for a divorce. This happens for a variety of reasons. You want to save money. You feel as if you are in agreement on many of the issues. You want the...

Supervised Visitation: The Brad and Angelina Case

Brad and Angelina I’m sure you’ve seen recently that Brad and Angelina have made strides in settling their parenting agreement.  Angelina is maintaining primary custody of the children.  Brad will have “therapeutic visits” with the kids.   Basically, that amounts to...

Should my Ex’s New Girlfriend/Boyfriend visit with my child?

You’ve separated from your partner and he now has a new girlfriend. He sees nothing wrong with that girlfriend being present during visitation with your kids. You think that she should not be there. You are not alone. This is a very common issue in the world of...

Estate Planning After Divorce

Estate Planning After Divorce After a divorce, the last thing that anyone wants to think about is seeing an attorney, legal matters, planning the future, that sort of thing. The sad truth is that this is probably the most important time to get your estate plan revised...

How do you defeat a prenuptial agreement? (The Bobby Flay Story)

How do you defeat a prenuptial agreement? I’m sure that you’ve seen the latest celebrity news scandal about Bobby Flay and his wife, Stephanie March: Bobby allegedly cheated on her with various women and has now filed for divorce (just after being thrown out of the...

Making an Appeal in Massachusetts

Update: In recent news, Avery's attorneys have submitted a number of appeals documents.  Several of these have been denied, however it appears one or more of these are still winding their ways up through the Appeals Courts.  Brandan Dassey, however, may have exhausted...

Delphi Murders Update

May 2021 Update: As we all work to keep this case in the headlines for as many eyes as possible, we often see other arrests that may appear to be similar to the person who killed Abby & Libby.  Those persons will be investigated thoroughly by the local police, the...

Massachusetts: The Annie Dookhan Drug Lab Scandal

Update: if you have not watched Netflix’s “How to Fix a Drug Scandal”, we recommend you do so. It discusses this case and the Sonja Farak case.  If you feel you have been impacted by either of these, please contact us. By now I am sure that a lot of you have heard of...

How to Build Financial Security When Facing Divorce

How to Build Financial Security When Facing Divorce If you see divorce or separation looming in your future, there are ways to plan ahead and build financial security to prepare for what could be a financially difficult time ahead.   Here are some tips for you to...

Pin It on Pinterest

Read previous post:
Can I Stop Him From Selling Our Home While Child Is Still in School?

Question: My husband moved out of our home two years ago and moved in with another woman. We have guardianship...

Close