Legal Question in Family Law in New Hampshire
child's rights
My ex and I have joint custody of our 13 year old daughter. He has primary residentual custody at this time. My daughter would like to spend more time with her mother now. Her father does not want to change his situation. She wishes to know her rights. The divorce took place in New Hampshire, which is where she lives with her father. She has been living with me in New Mexico in the summer. How can we get her father to address her wishes?
2 Answers from Attorneys
Re: child's rights
Generally the state that set the custody and visitation retains jurisdiction over any changes to the existing plan. You didn't say, but I assume that there is a New Hampshire order regarding your daughter. In all likelihood, you will have to file a motion or petition in New Hampshire to alter the plan. You should probably speak to a New Hampshire lawyer about that.
New Mexico usually won't take jurisdiction until a child has been in the state for at least six months. Even then if there is an order from another state that may complicate matters further. If you want to pursue that course, you should contact a New Mexico lawyer.
I hope this helps.
Re: child's rights
The best way is to get the father to agree but assuming that is not possible, the standing custody order must be changed. In other words, you go back to court in New Hampshire and request a modification of the custody part of your divorce decree.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
