In the aftermath of September 11, 2001, the Department of Homeland Security (“DHS”) created the Prevent Departure Program to ensure that no alien shall depart or attempt to depart from the United States if his/her departure would be prejudicial to the interest of the United States. This program may also be an effective tool to stop international child abductions. The…
Recently, the New Hampshire Supreme Court was faced with the issue of whether a post-nuptial agreement is enforceable within the state. Such agreements have traditionally been considered unenforceable within the state, but recent trends in other jurisdictions have led to some questions on whether New Hampshire would enforce such agreements. For many years New Hampshire courts have enforced prenuptial agreements…
When supervised visits are needed in a contested parenting/custody case, finding a suitable supervised visit location can be a difficult obstacle in the case. Below is a link to a website which lists some of the supervised visitation sites within the State of New Hampshire. http://www.svdirectory.com/state.htm?st=nh While location of the site is often an important factor, it is strongly recommended…
The abduction and removal of a child to another country offers unique and difficult hurdles to overcome. Even if a U.S. court orders custodial rights to a parent, the U.S. court order may not be recognized or enforced in certain countries. Therefore, a parent may not be able to have his or her child returned if taken to a foreign…
Effective July 1, 2013, new Child Support Guidelines went into effect for child support orders issued in New Hampshire. For the first time in the State’s history, the child support percentage will vary depending upon how much the parents’ earn. Under the new guidelines, the more the parents’ earn, the lower percentage of their monthly income will they pay for…
The advent of modern technology has made it possible for people to intercept telephonic and electronic communications. While often used by police in preparing a criminal case, lay persons have attempted to use intercepted communications to support their claim in many civil cases. For example, one parent may attempt to record a telephone conversation between the child and the other…
There are significant differences in child support laws between Massachusetts and New Hampshire. One of the most significant differences, besides how child support is calculated, is that child support in New Hampshire ends when the child reaches 18 or graduates from high school, while child support in Massachusetts may be payable until the child reaches the age 23. Additionally, New…
It has become increasingly frequent to see the biological parents of a minor child to grant guardianship rights over their child to a third party. Often times this occurs because the biological parents are unable to care for the child due to pending homelessness, drug problems, or criminal actions. In some cases, the guardianship is only intended to last a…
Adultery is “voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband.” A divorce may be granted if it is shown that one spouse engaged in an adulterous relationship, and the adulterous relationship was the primary cause of the breakdown of the marriage. It is a…
For decades, courts throughout the United States have upheld the validity of premarital or antenuptial agreements. Premarital agreements allow the engaged couple to plan what will happen with their separate and joint property upon death or in case of divorce. Most states, however, will not uphold the validity of postnuptial agreements, which are marital agreements entered into by a couple…