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
Dispelling misconceptions about de facto maternal custody
All too commonly, I have had parents ask me to confirm that a mother has automatic custody of a child when parents separate and that the court will side with the mother in a custody battle. This is a misconception that has persisted far past the abolition of the “tender years doctrine.” With a little
How to work with a Guardian ad Litem
A Guardian ad Litem investigation is often a stressful and intrusive process. However, it is important to remain cooperative and informative during the case. Here are some tips on how you should conduct yourself during the process.
· Return the GAL Stipulation and Questionnaire Promptly: When the GAL is first appointed, he will send
Muchmore & Jaycox: A parenting plan may not be modified solely on “best interests”
The New Hampshire Supreme Court issued an opinion on December 4, 2009 in the case of In the Matter of Adam Muchmore and Amy Jaycox, a domestic relations case pertaining to the modification of a parenting plan. In Muchmore & Jaycox, the Court holds that a parenting plan cannot be modified solely based on
Uniform Child Custody Jurisdiction Enforcement Act comes to NH in December 2010
New Hampshire has recently taken steps to protect parents and children from cross border kidnapping by adopting the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA, drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) in 1997, becomes effective in New Hampshire on December 1, 2010. Vermont and Massachusetts
Vaccinating your children for the H1N1 flu? It is a joint decision to be made with your co-parent.
There is a lot of talk about the H1N1 flu and the vaccines, and rightly so. 46 states are reporting widespread flu activity, and some New Hampshire schools are reporting absence rates of up to 30% . New Hampshire has activated the 2-1-1 state info line to answer questions about the flu and the vaccine.
Rights of the non-accused, non-custodial parent in abuse and neglect cases
If you are the non-accused, non-custodial parent of a child who is the subject of an abuse or neglect filing by the Division of Children, Youth and Families, the outcome of the case could have a substantial affect on your parental rights. Although non-accused, if a finding of true is entered, the parents of the
Holidays are just around the corner, are you prepared?
As the fall air turns crisp and cold and the days grow shorter, we are reminded that the holidays are just around the corner. Thanksgiving, Hanukkah, Christmas Eve, Christmas are often the most celebrated and traditional family holidays, and now is a good time to make sure that you and your co-parent are on the
New Hampshire court’s decision regarding home schooling grabs national attention
A recent decision in the Laconia Family Division regarding a parent’s disagreement over homeschooling their daughter has been grabbing national attention., including a headline on Fox News. Unfortunately, the news articles, bloggers, and advocates for the mother paint this as a constitutional issue, one of the state interfering with parents’ constitutional right
Grandparents rights in New Hampshire
Most people have heard of visitation in the context of a divorce or parenting matter for a parent. However, many New Hampshire residents are unaware that New Hampshire grandparents have certain rights to visit with their grandchildren, sometimes even over the objection of the parents. Although parents have constitutional rights and responsibilities regarding how they raise