A “First Appearance” occurs in a New Hampshire Family Division court in a divorce involving children or in a parenting petition case. The judge or marital master will talk about the court process, what to expect, and how the parties might settle their issues without litigation. At this time the court may refer individual cases
Parenting Rights & Responsibility
New Hampshire’s Uniform Child Custody Jurisdiction Act
By Kysa Crusco on
Posted in Parenting Rights & Responsibility
Jurisdiction is the authority of a court to hear particular types of legal matters. If the court does not have jurisdiction, then it may not hear the case. In cases involving interstate custody disputes, New Hampshire has adopted the Uniform Child Custody Jurisdiction Act under NH RSA 458-A. The Act is designed to avoid competition…
How will the court determine what my parenting rights and responsibilities will be?
By Kysa Crusco on
“best interests standard”, “parenting rights and responsibilities determination”, “RSA 461-A”…
Continue Reading How will the court determine what my parenting rights and responsibilities will be?
Are uninsured medical expenses and extracurricular activities included in child support guildelines?
By Kysa Crusco on
Posted in Child Support, Parenting Rights & Responsibility
Clients often ask about including in their parenting plan a provision requiring both parents to contribute to a child’s extracurricular activity expenses and uninsured medical expenses. These issues were brought before the New Hampshire Supreme Court In the Matter of Cheryl Anne Coderre and Paul A. Coderre on September 30, 2002. The father appealed an…
Authorization for medical treatment for your child
By Kysa Crusco on
Posted in Parenting Rights & Responsibility
Summer is finally here with vacation plans, summer camps and trips to the grandparents in the works. I read a great blog today by Attorney Robert L. Mues of the Ohio Family Law Blog reminding parents who will be away from their children to sign a medical authorization for caregivers. Although doctors may provide treatment in a…
Donovan: Enforcing orders for contribution to a child’s college expenses
By Kysa Crusco on
On this blog, we review new domestic relations cases that are issued by the New Hampshire Supreme Court such as the recent Lemieux and Gendron and Plaistek opinions. However, there are many older opinions which are worth reviewing periodically. Here, we will review the case In the Matter of Tatjana A. Donovan and Robert F. …
Same-sex couple adoption in New Hampshire
By Kysa Crusco on
Posted in Adoption, Parenting Rights & Responsibility
Can a same-sex couple adopt a child together in New Hampshire? The question, although simple, does not have a simple answer. Currently, the laws in New Hampshire leave the question open to interpretation.
As I have blogged about previously, New Hampshire is one of four states that recognizes a civil union. New Hampshire’s civil union…
Parenting rights and responsibilities
By Kysa Crusco on
Posted in Parenting Rights & Responsibility
New Hampshire law categorizes parenting rights and responsibilities into two groups: decision making responsibility and residential responsibility. These are the new terms for what used to be called "legal custody" and "physical custody," and have been called such since October 1, 2005 when the new statue went into effect.
Decision making is defined as the "responsibility…
Prior voluntary acknowledgement of paternity precludes future genetic marker testing
By Kysa Crusco on
The New Hampshire Supreme Court released an opinion today In the Matter of Kevin Gendron and Jody Plaistek that held that a voluntary acknowledgement of paternity executed in Massachusetts must be given full faith and credit and that the trial court erred in ordering genetic marker testing. The voluntary acknowledgement of paternity signed by both…
Guardian Ad Litem fees in New Hampshire
By Kysa Crusco on
When parties disagree about the parenting rights and responsibilities of each parent, often the court appoints a Guardian Ad Litem. This adds an additional time and cost to a divorce or parenting case. As with attorney fees, the cost of GAL can vary depending on the rate that he charges and the time demanded by the…