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New Hampshire Family Law Blog

Unmarried fathers: what are your rights regarding your children?

Family law and custody issues often affect married or soon-to-be-divorced couples, but that is not always the case. Custody and visitation rights are important issues for many unmarried New Hampshire couples. If you are an unmarried father and have concerns about your rights and interests as a parent, you would be wise to take action to seek an immediate resolution to your case.

Simply because you were not married to the mother of your children does not mean you do not have the right to play an active role in the lives of your kids. In fact, there is significant evidence that children benefit when allowed contact with their fathers. You may need to seek legal help in order to protect your vital role as a father and preserve or secure time with your children. 

How will legal custody impact your relationship with your child?

New Hampshire parents understand the importance of protecting their relationship with their children after divorce. Children thrive when allowed to maintain a strong relationship with both parents after their marriage is over, but this is not always an easy goal to accomplish. It is easier, however, with a strong and thoughtful parenting plan in place.

Any sustainable parenting plan should address the two main types of custody: legal custody and physical custody. It is prudent to be very clear about the rights and roles of both parents as this will go a long way to helping you avoid issues and complications. As a parent, you will find it beneficial to know about legal custody and what it means for you.

Not ready to divorce? A legal separation could be an option.

For some New Hampshire couples, the marriage may be over, but there are various reasons why it is impossible to move forward with divorce. This does not mean these two parties have to continue living under the same roof, however. If you and your spouse no longer want to live together yet divorce is not an option, you may consider the benefits of a legal separation.

Legal separation involves much more than just moving to separate residences. It is important to put certain legal protections in place in order to reduce the chance of issues and complications. If you are ready to separate, you may find it helpful to learn more about legal separation before you move forward with this decision.

Fighting over money? You could be on your way to divorce

You already know that it is not any fun to fight with your spouse about money, but did you know that tension could lead to divorce? This might come as no surprise if you already engage in ongoing arguments over finances.

Couples in New Hampshire and across the rest of the United States cite money issues so frequently in their divorce filings that they are now the third most common factor. Incompatibility as a couple and infidelity are the first and second listed causes, respectively.

When do grandparents have custody and visitation rights?

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?

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?

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

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

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

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.