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SoloLawyer
SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience:  Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
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In 2011, I moved to California from New Hampshire; my daughter

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In 2011, I moved to California from New Hampshire; my daughter still lives in New Hampshire but desires to move either to CA, or somewhere else with a year round warm climate, with her boyfriend later this fall.
My daughter is currently pregnant and her boyfriend, of 5 years, is the father. She also has a 6 year old girl from another man who has her dad’s last name but they never married. While he was not present during my daughter’s pregnancy, he was there on the day she delivered his daughter and for the first 6 months of her life until he was arrested at the age of 19. He was released from jail on probation but within a month of being on probation, he was caught doing more illegal activity and was sent back to prison where he will remain incarcerated for a total of 20 years.
My granddaughter’s dad told my daughter that he could care less if he ever sees his daughter. He was out of jail for 6 months when my granddaughter was 1 1/2 years old but he chose not to see her during that period of time, even though my daughter asked him to. After thinking about her options, my daughter felt it was best for her daughter not to get to know her dad since he had no desire anyway, has not paid child support and the court said that while he is incarcerated, not making money, he won't be obligated to until he is out of jail, at which point my grandchild will be 21. My granddaughter’s grandparents however, have been involved with their grandchild in that they see her weekly, on some holidays and they invite her to family parties.
My daughter was doing fine allowing her daughter to see her dad’s family until she was about 3 and then, she started asking questions about her dad. As my daughter matured she started giving a lot of thought about what is best for her and her daughter going forward. Given that her daughters dad is incarcerated and will be for a total of 20 years, he is not and probably never will pay child support, he has said that he doesn't want anything to do with his daughter and lastly, the fact that every time her daughter visits her dads family, they talk about him making her daughter wants to see him and get to know him had forced my daughter to make a tough decision to not allow her daughter to be around her dads family anymore.
She changed her number and didn't answer mail from them. Her hope was that eventually her daughter would accept my daughter’s new boyfriend as her dad and move on with their life. However, her dad’s grandmother was saddened by not being able to see herr grandchild and as a result, took my daughter to court. The court said that NH is a state that has grandparent right laws and so, my daughter was told that she can't prevent her daughter from having communication or contact with his family and so, she allowed visitation with them once again.
A few more years have passed, my daughter is now 25, is more mature and is now in a serious relationship and is expecting a baby this summer with this man that she has been dating her since her daughter was 1 and so, she wants to start a new life with him.
My first question is can my daughter move out of New Hampshire since she is not involved with her daughters dad, they never married, he doesn't pay child support and he doesn't want anything to do with his daughter?
My second question is, if she can relocate out of state, what does the NH grandmother rights mean in regards XXXXX XXXXX relocation. In other words, can the grandparent rights force my daughter to stay in NH or just force her to allow them contact with their grandchild? If it forces her to allow them contact, does she have to give them her new address or just her phone contact information? She really doesn't want them visiting her daughter and she is hoping over time the phone contact will decrease or even cease on their end.
Submitted: 1 year ago.
Category: Family Law
Expert:  SoloLawyer replied 1 year ago.

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

I'm sorry to hear about your daughter's situation. I hope I can help. If there is no custody/visitation order between your daughter/child's father and the court has not ordered that she has to get the court's permission before she leaves, she can leave the state. For the grandparents to be able to keep your daughter from leaving, they would have to enforce their rights by filing a petition with the court. If no petition is currently pending, they can not stop you from leaving.

SoloLawyer :

I really hope this helps. Let me know if you have any other questions. If you valued my time, I'd appreciate you rating me. :)

SoloLawyer :

Sincerely,

SoloLawyer :

Michael

Customer:

Your reply above says that if there is no custody/visitation order between your daughter/child's father and the court has not orderd that, "she has to get the courts permission before she can leave". Did you mean to say this and if yes, I don't understand why she would need to get their permission since their isn't an order.

SoloLawyer :

Oh, no. I said "if the courts have ordered that she she has to get permission" then she can't leave. If there is no such order, she can.

Customer:

Okay! There is an order to allow my grandchild to see her dads grandparents, if the order doesn't say she can't move out of state, can she relocate and just let them know where she is going before she leaves so they don't start a legal process to prevent her from going? If yes, and she moves, can they force her to return to NH. She will follow the prior court ruling to allow them to visit and call her but they would have to fly to see her..

SoloLawyer :

What does the order say. Do you mean to allow the grandparents to see the child?

Customer:

I don't have the order in front of me , it is with my daughter in NH. She told me it said that she can't prevent her daughter from seeing her grandparents. Thus, I assume that as long as we agree to allow them to see her whereever she relocates to, she is in compliance?

SoloLawyer :

It really depends on what it says. To be safe, she needs to get permission from the Court. A relocation could be seen as prevention in the Court's eyes.

SoloLawyer :

Anything else I can answer for you?

SoloLawyer :

Let me know if I can be of further help. If not, and you valued my time, I'd appreciate you taking the time to rate me. :) I hope it works out!

SoloLawyer :

Sincerely,

SoloLawyer :

Michael

Customer:

I just talked with my daughter, she was ill on the day that the court asked her to come in to discuss her allowing her childs dads grandparents to see their grandchild. My daughter ended up letting them see her so the court never set another date for her to appear and they didn't send her any documents. Can I go with your first answer and as long as there isn't a petitiuon or custody/visitation order, she can leave the state.

SoloLawyer :

If there is no order re: the grandparents seeing the child, yes, she should be fine to leave.

Customer:

Thank you so much!!!!

SoloLawyer :

No problem!

SoloLawyer, Lawyer
Category: Family Law
Satisfied Customers: 2949
Experience: Licensed Missisippi Attorney; Criminal Law, Family Law, Personal Injury, and Civil Defense
SoloLawyer and 3 other Family Law Specialists are ready to help you

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