Family Law | Divorce, Child Custody

When do grandparents have custody and visitation rights?

On behalf of Clark Law PLLC on Thursday, July 19, 2018.

What will happen to the children is one of the most contested and contentious issues of any divorce. New Hampshire readers know that it can be difficult reach a reasonable conclusion to custody and visitation matters, but it can be even more complex when there are disputes over how much involvement grandparents can have. In some cases, grandparents could have a rightful claim to visitation and custody.

If you are a grandparent and believe you should protect your right to maintain a strong and active role in the life of your child, you may find it helpful to seek legal guidance. You may be able to petition the court and secure the right to have an active role in the life of your grandchild. The ultimate goal of any custody or visitation determination is the best interests of the kids.

Do I have to have permission to move with my child after divorce?

On behalf of Clark Law PLLC on Friday, June 22, 2018.

New Hampshire parents are rightfully concerned with the well-being and stability of their children after a divorce is final. The changes brought about at the end of a marriage can significantly impact the youngest members of the family, and parents understandably want to minimize disruption in their lives.

As part of your post-divorce life, you may find that it is in your best interests to move, perhaps for a job or to be near family. You may believe that relocation is in the best interests of your child, but no matter the reason for the proposed move, it is not always easy to do this if your custody or visitation order is already final.

Should you opt for a collaborative divorce?

On behalf of Clark Law PLLC on Friday, June 1, 2018.

Ending a marriage is a complex process, and it can be emotionally challenging to effectively address important issues such as child custody, property division and more. If you are facing the prospect of divorce yet wonder if there could be a more peaceful way to walk through the process, collaborative divorce could be the right option for you.

A collaborative divorce has many benefits, but it is not necessarily the right choice for every divorcing couple in New Hampshire. Before you make any important decisions or move ahead with choices that could impact your future, you may find it beneficial to consider the benefits of the collaborative process for divorce.

How to determine if divorce mediation is a good option for you

On behalf of Clark Law PLLC on Thursday, May 17, 2018.

Whether you got married in a New Hampshire church, courthouse or on the beach, you likely assumed that day was the beginning of a relationship that would last your lifetime. Perhaps you had only been with your spouse a couple years when you realized that would not be the case, or maybe the two of you have been together several decades now, but have determined that your differences are no longer resolvable.

In either case, you may know the path ahead includes divorce but might not know yet which settlement option to choose. State laws typically affect the ultimate outcome in a divorce, so a good place to start before deciding which route to take is to research those laws and make sure you understand your rights. If you hope for a swift, amicable settlement, mediation may be right for you.

Creating a parenting plan

On behalf of Clark Law PLLC posted in blog on Wednesday, April 18, 2018.

If you have recently learned that your spouse intends to file for divorce – or if you have made this decision yourself – you may feel as if the world is swirling around you. Whether the divorce is a dark cloud looming over you or a new chance for freedom, you can't escape the fact that you are about to face some major changes in your life.

Divorce has that effect. You may already see evidence of these changes if you are packing to move out or if your spouse is removing your name from previously joint accounts. You may be anxious about these differences and what they will mean for your future, but the most important adjustments to make involve the children.

Fighting back against your spouse's attempt to hide assets

On behalf of Clark Law PLLC posted in blog on Wednesday, April 11, 2018.

Divorce is complex for many reasons, but finances are often the center of many disputes and conflicts between two divorcing parties. Particularly in high asset New Hampshire divorces, there are additional complicating factors that can make property division and other issues more complex.

Hidden assets is an issue that can unfairly influence the division of marital property, debt and other types of assets. A spouse can attempt this deception by lying, failing to disclose all assets or intentionally hiding money and other types of property to prevent the other party from receiving his or her fair share. If you suspect your spouse is hiding assets, you would be wise to take quick action to protect your interests.

Is it possible to adopt my spouse's children?

On behalf of Clark Law PLLC posted in blog on Thursday, April 5, 2018.

New Hampshire families come in all shapes and sizes, and sometimes, families grow through adoption. If you marry a person who already has children, you may wonder if it is possible to adopt his or her kids. Stepparent adoption can sometimes be complex, but it is possible for you to accomplish this goal with help and guidance.

There are multiple factors that could make it rather complicated to adopt your spouse's children. You will find it beneficial to seek experienced guidance as you work to make this a reality. While stepparent adoption does not involve home studies and other steps required by domestic and international adoption, there are certain things you need to know before you initiate this process.

Protecting your custody rights, even after your divorce is final

On behalf of Clark Law PLLC posted in blog on Wednesday, March 21, 2018.

As a parent, there is nothing more important than preserving and protecting your rightful time with your child. That does not change once your divorce is final. In fact, it may become even more important for you to find ways to protect your rights as a parent even after your custody and visitation order has become final.

One custody issue that many New Hampshire parents face is parenting time interference. These are blatant or subtle efforts from the other parent to undermine your rightful time with your child. You do not have to put up with any efforts to disrupt the custody arrangement. You can fight back and pursue a reasonable resolution to any continued custody or visitation concerns.

Family law: Court asked to weigh in on extracurriculars

On behalf of Clark Law PLLC posted in divorce on Tuesday, March 13, 2018.

Parents in New Hampshire are often forced to make decisions about their children's welfare even though they have conflicting ideas regarding what is in their best interests. Coming to decisions in such a scenario can be difficult enough for parents who are still romantically involved, but can be nearly impossible for couples who are not. In fact, parents in another state have asked a family law judge to weigh in on whether their teenage son should continue to play football.

According to reports, the 17-year-old's father was a football enthusiast in the past. In fact, the teenager, both of his older brothers, and his father all began playing at a young age. However, the father claims that because his son has suffered three concussions, he no longer wants him to play. He argues that football is a non-essential activity, and his son could play other sports -- such as basketball or baseball -- that do not carry the same risks of physical injury.

Family law: Stepparent adoption in New Hampshire

On behalf of Clark Law PLLC posted in child custody on Wednesday, March 7, 2018.

The concept of a traditional family has been significantly redefined over the course of the last several decades. Now, many children in New Hampshire are being raised by parents with no biological relationship, sometimes creating complicated legal situations regarding family law. In fact, many stepparents are often full-time care providers and often want to legally protect their rights to parent their children. Clark Law PLLC is committed to helping stepparents through the adoption process.

Many stepparents, along with their spouses, want to go through the adoption process. The completion of the process means that the stepparent becomes the legal parent of the child. This includes being both financially and physically responsible for the child.