Until 2012, the burden of proof to terminate a guardianship of a child was placed upon the parent to show, by a preponderance of the evidence, that the substitution or supplementation of parental care and supervision was no longer necessary to provide for the child’s essential physical and safety and that terminating the guardianship would
Guardian ad Litem Reports are Confidential
After you receive the GAL report and read it, your first instinct might be to share the document with family, friends and perhaps professionals such as therapists or teachers. It is important to hold back on this urge because the GAL report is confidential.
Circuit Court Rule 2.15 states: “Written reports of the guardian ad…
What to Bring to a Pretrial Hearing
Before your final trial, the court will conduct a pretrial hearing. Learn here what will happen at the hearing and what needs to be prepared and filed at the hearing.
Unbundled Legal Services
Unbundled legal services, also known as limited scope representation, allow you to hire a lawyer to do certain parts of your case, instead of the traditional soup to nuts representation. Some clients choose unbundled services because they cannot afford full representation, and some advice is better than no advice. Other clients feel capable of handling…
New Family Division Judge and Marital Master Assignments
The following are the new judge and marital master assignments for family cases in the Circuit and Superior Court for January 2013 through March 2013:
Hon. Paul D. Desjardins
(most of these hearings are held in Lancaster)
To Be Determined
Hon. J. Peter Cyr
Hon. Lawrence …
In Re Guardianship of Matthew L: A call for non-biological parents to secure parental rights
The Supreme Court issued an opinion In Re Guardianship of Matthew L. on December 21, 2012.
Mary and Joan began a committed relationship in 2004. Two years later, they began to plan for a family. Mary became pregnant in 2006 through artificial insemination, and gave birth to Matthew in April 2007. In June…
In the Matter of Reena D: Guardian bears burden of proof in termination of guardianship established by consent
The New Hampshire Supreme Court issued an opinion In the Matter of Reena D. on December 28, 2011.
In 2002, mother and father petitioned the court to grant guardianship of their twenty-two month old daughter Reena to the paternal grandfather and his wife. The purpose of the guardianship was to allow mother…
Raising Hope Custody Drama: Real or Not Real?
One of my favorite blogs is Law and the Multiverse. The blog’s premise is to take fictional situations from movies, comic books, and televisions shows and discuss the legal ramifications by applying relevant law. Have you ever wondered whether mutants are a protected class? They have the answer. Want to know whether superheroes…
UCCJEA Now Effective
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…
N.H. Supreme Court holds in Salesky that a guardian may maintain a divorce action
On October 8, 2008 the New Hampshire Supreme Court released an opinion for In the Matter of John Salesky and Jacqueline Salesky. The Court held that a guardian, appointed over the person and estate, may maintain a divorce action on behalf of that person with either the express authority of the Probate Court and…