Divorce: A Personal Perspective

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    COVID-19 continues to present many challenges to New Hampshire and its families. With the Governor’s directive limiting gathering significantly, closing schools, and asking many people to work from home, families have been inundated with concerns about their current parenting orders or obtaining new ones.Please note that this article should not be read for anyone person’s particular situation or be interpreted as legal advice. Everyone’s situation is different, and if you have legal concerns regarding the interpretation or modification of a parenting plan, you should speak with one the family law attorneys at Parnell, Michels & McKay.NH RSA 461-A:6 sets the “best interest of the child” legal standard for drafting or modifying a parenting plan. The best interest of the child is determined by up to…

  • COVID-19 Child Support and Alimony Modifications

    Pursuant to the State of New Hampshire’s orders due to concerns about the COVID-19 outbreak, many businesses are shut down and employees are out of work. While the federal and state governments are working on stimulus packages and the expansion of unemployment benefits, parties that are subject to Court orders for child support and/or alimony may want to take some additional steps.NH RSA 458-C:7 permits parties to seek a modification of a child support order any time there has been a substantial change in circumstances. The modification can become effective on the date a party has provided “notice” of the request to modify to the other party. “Notice” means service on the other party or acceptance of service by the other party.NH RSA 458:19-aa permits…

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    Is Divorce Seasonal?

    ‘Tis the Season for Divorce?Research from the University of Washington has suggested that divorce filings in some states consistently peak in the months of August and March. The study noted that divorce filings may be driven by a “domestic ritual” calendar and suggested that the increased filings may be the result of unhappy spouses realizing that the holidays or vacations did not live up to their expectations. Unhappy couples often think that holidays or vacations are good times for them to mend their relationships. They seem to develop an optimistic approach thinking that things will be better in the relationship if they have a nice holiday or vacation together, as a family.In New Hampshire, the attorneys at Parnell, Michels & McKay have experienced a similar…

  • Adoption A Personal Perspective

    Adoption is about what is best for the child not what is best for the parents. As the law states, a child’s needs should come first, or better put, the best interests of the child should come first. The best situation for a child is sometimes to be adopted into a stable home. Financial security and the love of caring parents are both important to a child’s development. The time spent raising a child affects how the child behaves, feels, and ultimately interacts with the world as the person they become. Many factors play into the decision of what is best for the child. It can be hard for birth-parents to give up their child, but adoption can sometimes be in the best interest of…

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    After Co-Parenting Ends

    This blog has frequently discussed the value of good co-parenting. A common problem many couples face following a divorce is how to parent together in different homes. In general, most cases involving parenting time or decisions invokes New Hampshire’s “best interest of the child” legal standard. This particular legal phrase is frequently found in RSA 461-A, the main statute covering the legal rights and responsibilities for parents. While this legal standard may seem “squishy” to some, the flexibility it provides the field of Family Law helps to ensure that children are properly protected when parents disagree about what is best for their children.Frequently, co-parents attempt to take their spouse to Court for contempt for failure to follow the parenting plan. A New Hampshire parenting plan…

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    Guardianship of Minors and the Opioid Crisis

    The Opioid Crisis has gripped our nation for several years. However, news agencies and governmental bodies have only begun taking steps in recent years to help stem the tide. This past summer, New Hampshire made waves for becoming the first state in the country to provide grandparents preferential treatment to obtain a guardianship over their minor grandchildren when the parents suffer from substance abuse. The law came into effect on January 1, 2018.The framework for Guardianship Law in New Hampshire can be found in RSA 463. New Hampshire Law provides for two forms guardianships: Person or Estate. Guardianship of another’s person means the Guardian is responsible for decisions ensuring the safety and well-being of the child as aligned in accordance with the child’s best interest….