Republished here, my opinion from the recent Bar News regarding the appointment of counsel for parents in abuse and neglect proceedings:
Few rights can be argued to be more fundamental then the right to raise and care for one’s children. In recognition of that right, New Hampshire has long appointed counsel to represent indigent parents
Grandparent’s rights vary from state to state. In New Hampshire, grandparent’s visitation rights are specifically designated by statute. However, obtaining visitation is not as easy as filing a petition and being granted time with one’s grandchildren. In order to comply with the U.S. Supreme Court’s holding in Troxel v. Granville, which struck down
I am pleased to announce that I have been accepted as a member of the Collaborative Law Alliance of New Hampshire. Collaborative practice is an alternative to the traditional, adversarial family law litigation process. Lawyers and clients agree from the beginning to keep the case out of court and settle it through a series of 4-way meetings. Instead
New Hampshire has long recognized that a parent’s right to raise and care for one’s child is a fundamental constitutional right. In recognition of that right, there has been a statutory right to counsel for parent’s facing termination of parental rights proceedings and in abuse and neglect cases. In addition to the statutory authority, the New Hampshire
Tomorrow, March 16, 2011, the New Hampshire Supreme Court will issue its opinion in the New Hampshre homeschooling case. The case of Martin Kurowski and Brenda Voydatch has grabbed national headlines and sparked much debate about the right to home-school. In this matter, a divorced mother and father could not agree on whether their daughter should be home-schooled by
Crazy things are going on in Concord that needs your attention. Currently, there are several bills that would dramatically change the practice of family law in New Hampshire, and not for the better. A group of disgruntled litigants are attempting for the third time to remove a distinguished marital master from the bench. Finally, Governor
My blog posts are usually topical – focusing on one subject at a time such as relocation or guardian ad litems. Today I am going in a different direction though, as I have a couple of items to post about. My post is inspired by the wonderful blog at the Massachusetts Divorce Law Monitor by Attorney Nancy Van
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) went into effect on December 1, 2010 in New Hampshire. Following the lead of 46 other states, the UCCJEA replaces the old UCCJA, which is still the law in Massachusetts and Vermont. The act affects almost every case that involves parental rights and
Back in September 2009, the so-called New Hampshire homeschooling case (In the Matter of Martin Kurowski and Brenda Voydatch) grabbed national headlines when the court ordered the parties’ child to attend public school instead of continuing with home schooling. Home school supporters decried the decision, arguing that the order trampled the mother’s constitutional rights to raise
A principal obligation of parenthood is to claim certain rights and privileges on behalf of one’s child, as well as make decisions the child is considered incompetent to make on their own. Whether a five-year-old should have an elective tonsillectomy, for example, is more a decision for the child’s parent then for the child herself. Likewise, if