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
Latest from New Hampshire Family Law Blog
Holiday planning during divorce
Nuclear families often have annual holiday traditions. A family may spend each Thanksgiving with paternal grandparents, Easter with a favorite uncle and Christmas Eve at church services with maternal grandparents. Kids look forward to these annual traditions. However, if parents divorce, kids are split, often into alternating holidays. A traditional holiday parenting schedule may look
Ross v. Ross: Celibacy pending adultery claim
On August 23, 2016, the New Hampshire Supreme Court issued an opinion in Ross and Ross. It is a fascinating case about adultery and new relationships during a divorce. The outcome is a cautionary tale for persons seeking fault grounds for divorce. The Facts Husband and wife met in dental school and later married. Husband, who had his
What is Marital Property?
In my years practicing family law, I have heard a lot of misconceptions about what is marital property. While the definition of marital property may differ between states, in New Hampshire marital property is anything and everything owned by the parties. I hear questions such as “Only my name is on the house, so that
Courthouse Divorce File: What’s Private?
“All human beings have three lives: public, private, and secret.” ― Gabriel García Márquez, Gabriel García Márquez: a Life The public thirsts for gossip, apparent in websites like TMZ and Perz Hilton. Celebrity splits are big news such as Tom Cruise and Katie Holmes to Mariah Carey and Nick Cannon. While most of us
Maves and Moore: What Constitutes Income for Child Support Purposes?
The New Hampshire Supreme Court issued in the Matter of Janice E. Maves and David L. Moore on August 14, 2014 The Facts Husband and Wife divorced in 2004. At the time of the divorce, Husband was awarded the parties’ Farm, which was initially used as a commercial campground and contained condos that were rented seasonally.
In Re Serodio and Perkins: You May Enforce a Prenup without a Copy of the Prenup
In the Matter of Cheryl Serodio and Arthur Perkins: Existence of Prenuptial Agreements can be proven without providing the written, executed agreement. The New Hampshire Supreme Court issued its opinion on August 22, 2014. The Facts Wife filed for divorce from Husband in 2010. In 2011, Husband filed a motion to have a prenuptial agreement enforced. Husband
Norberg v. Norberg: Alimony Cannot Be Waived By Agreement
When negotiating a settlement, it is important to keep in mind that New Hampshire law does not allow parties to waive future alimony. The 1994 case of Norberg v. Norberg is controlling. It explains that although property division is not modifiable, alimony is an entirely different matter. Even if the parties enter into an agreement that expressly waives
In re Deven O: Father rebutted presumption of abandonment in termination of parental rights
The Supreme Court issued In Re Deven O. on November 7, 2013. The Facts Deven was born in June 2006 and lived with his parents until they split up in December 2006. Deven lived with his mother and visited with his father a few days each month until December 2007, when father was arrested and
Collecting electronic evidence: Is it Legal and/or Admissible?
Before the advent of the internet, finding proof of infidelity often fell to the hands of the private investigator and a telephoto camera lens. Yet, with today’s technology, from spyware to GPS trackers, spouses can play private investigator themselves. Software such as Spector Pro and E-Blaster, that captures chats, instant messages, emails, websites, keystrokes,