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461-A:11 Modification of Parental Rights and Responsibilities

Tuesday, February 7th, 2017

I. The court may issue an order modifying a permanent order concerning parental rights and responsibilities under any of the following circumstances:
(a) The parties agree to a modification.
(b) If the court finds repeated, intentional, and unwarranted interference by a parent with the residential responsibilities of the other parent, the court may order a change in the parental rights and responsibilities without the necessity of showing harm to the child, if the court determines that such change would be in accordance with the best interests of the child.
(c) If the court finds by clear and convincing evidence that the child’s present environment is detrimental to the child’s physical, mental, or emotional health, and the advantage to the child of modifying the order outweighs the harm likely to be caused by a change in environment.
(d) If the parties have substantially equal periods of residential responsibility for the child and either each asserts or the court finds that the original allocation of parental rights and responsibilities is not working, the court may order a change in allocation of parental rights and responsibilities based on a finding that the change is in the best interests of the child.
(e) If the court finds by clear and convincing evidence that a minor child is of sufficient maturity to make a sound judgment, the court may give substantial weight to the preference of the mature minor child as to the parent with whom he or she wants to live. Under these circumstances, the court shall also give due consideration to other factors which may have affected the minor child’s preference, including whether the minor child’s preference was based on undesirable or improper influences.
(f) The modification makes either a minimal change or no change in the allocation of parenting time between the parents, and the court determines that such change would be in the best interests of the child.

[Paragraph I(g) effective January 1, 2017.]

(g) If one parent’s allocation of parenting time was based in whole or in part on the travel time between the parents’ residences at the time of the order and the parents are now living either closer to each other or further from each other by such distance that the existing order is not in the child’s best interest.

[Paragraph I(h) effective January 1, 2017.]

(h) If one parent’s allocation or schedule of parenting time was based in whole or in part on his or her work schedule and there has been a substantial change in that work schedule such that the existing order is not in the child’s best interest.

[Paragraph I(i) effective January 1, 2017.]

(i) If one parent’s allocation or schedule of parenting time was based in whole or in part on the young age of the child, the court may modify the allocation or schedule or both based on a finding that the change is in the best interests of the child, provided that the request is at least 5 years after the prior order.

[Paragraph II effective until January 1, 2017; see also paragraph II set out below.]

II. Except as provided in RSA 461-A:11, I(b)-(f) for parenting schedules and RSA 461-A:12 for a request to relocate the residence of a child, the court may issue an order modifying any section of a permanent parenting plan based on the best interest of the child. RSA 461-A:5, III shall apply to any request to modify decision-making responsibility.

[Paragraph II effective January 1, 2017; see also paragraph II set out above.]

II. Except as provided in RSA 461-A:11, I(b)-(i) for parenting schedules and RSA 461-A:12 for a request to relocate the residence of a child, the court may issue an order modifying any section of a permanent parenting plan based on the best interest of the child. RSA 461-A:5, III shall apply to any request to modify decision-making responsibility.
III. For the purposes of this section, the burden of proof shall be on the moving party.

Source. 2005, 273:1, eff. Oct. 1, 2005. 2006, 232:1, eff. June 1, 2006. 2007, 213:1, eff. Jan. 1, 2008. 2011, 162:1, 2, eff. Aug. 13, 2011. 2016, 134:1, 2, eff. Jan. 1, 2017.

 

President’s Message – October 2016

Sunday, October 30th, 2016

Message  from NHCRA President, Jessica Ecker

October 29, 2016

Your Board of Directors of NHCRA are looking forward to a very eventful year!

We are busy planning our annual Meet & Greet to be held at the Common Man in Concord on November 9th.  Judge Robert Foley will be guest speaker at this event, and will be speaking to us about ways we can reduce conflict in the Court and elsewhere.  Judge Foley presides over the new Complex Case Docket in New Hampshire and has been a Family Court Judge in Strafford County for years.  We are honored to have him speak at our event.

Immediately preceding the Meet & Greet at the same location, we are offering a half day CLE on the Intersection of Neuropsychology and Mediation, presented jointly by Ozgur Akbas, a Licensed Marriage and Family Therapist and Collaborative Coach, and Briana Coakley, Esq., CFM.  This Course will provide mediators and others with the basics of how the brain works and what people go through while they are going through mediation, along with practical tips about managing the stress of your clients or parties, as well as your own stress in mediation.  We will then discuss in small group settings a number of hypotheticals with our panel.

Our education committee is working hard on putting together a live “replay” of our popular CLE on Drafting Agreements presented by Keri Marshall in the spring – looking at March 24th tentatively in Manchester.  I attended this CLE the first time around, and found it really helpful.  The practical tips and materials were great for pointing out common mistakes and consequences when divorce decrees are poorly drafted.

Looking to our annual meeting in May or June, we hope to have a new Judge as our keynote speaker, and offer a half day of education about retirement plans with Linda Mayrand.  The other half day is in process.  Either way, it should be a terrific educational experience.

We also are working to keep our members apprised of any new relevant legislation which may affect the world of ADR.  We continue to work to determine ways to increase our membership and expand ADR awareness in the general population at large.

I would like to welcome our new directors this year—Ed Philpot, Anthony Matrumalo and Briana Coakley.  Their contributions have already been felt by our board and we truly appreciate their time serving.

Warm Regards,

Jessica L. Ecker, President, NHCRA

November 9 — 2016 Meet & Greet

Monday, October 10th, 2016

NHCRA will be hosting their 2016 Meet & Greet  on November 9, 2016 from 5 pm to 7 pm.

We have just confirmed that the Hon. Robert Foley will be in attendance and speaking to attendees about the need for the reduction of conflict and confrontation, both in the courtroom and outside the courtroom, in the resolution of all family disputes.

We hope to see you there– register for this FREE event below.  Appetizers provided.  Cash bar.

This annual event is always an excellent opportunity for our members and supporters to gather with others interested in Alternative Conflict Resolution.     We hope you will join us.

Come and meet new people and re-connect with old friends!  

Where:   The Common Man, 25 Water Street, Concord, NH

* Complimentary appetizers and cash bar.

CLICK HERE TO RSVP

 

NHCRA CLE on Self-Employed Obligors, Divorce Tax Issues & Business Valuation

Sunday, January 17th, 2016

Join fellow mediators and attorneys for a CLE with our amazing and experienced faculty of Richard J. Maloney, CPA, Esq., Melissa Laverty, Enrolled Agent with the IRS, and Heather Krans, Esq.

While we as mediators may only have basic knowledge of business valuation, this course will assist us in becoming familiar with valuation topics such as in depth review of tax returns and financial statements and determining when to recommend to parties or clients that they should invest in a valuation of a family business.

This course will also cover how to break down self-employed obligor income for purposes of child support and alimony calculation.  There will be an analysis of the child support guidelines worksheet with details of tax reporting included.  Our panel will also cover litigation tips on how to show the Court the presense of hidden income.

In depth discussion of pre- and post-divorce tax issues, including filing status, exemptions, itemized deductions, and alimony treatment will be included.  Learn about the elusive “innocent spouse treatment” from the IRS and how your clients could benefit from it.

Bring your real life examples or case studies for discussion with our diverse panel– questions and hypotheticals will be welcomed.

NH Bar and Family Mediator Credits pending.

Click below to REGISTER NOW.  Space limited.

 

 

 

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