It is common understanding that a father and a mother are joint guardians of their minor. Because of this joint guardianship, all powers, rights, and duties of the father and of the mother in regards to the minor are equal. Upon the death of either parent, the surviving spouse shall become the sole guardian of the minor. For further specifics, please see RSA 463:3 (I) Parents' Rights.
It is helpful to understand the basic procedure for appointment of a guardian in New Hampshire. A petition must be filed for guardianship. This petition must include specific information concerning the proposed guardian.
These pieces of information included in the petition must also be accompanied by additional documents. A petitioner is required to submit a statement including specific facts concerning any acts, omissions, or occurrences involving the minor that support the petitioner's request for guardianship. Additional requirements of the petitioner are set forth clearly in the statute. For legal specifics, please refer to RSA 463:5.
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Upon review of the required information, the court may issue orders for ex-parte and temporary guardianship. These orders are based upon a sworn affidavit or verified pleading which states the facts and incidents relating to the minor. This supports the claim that the minor will suffer, or is likely to suffer, immediate or irreparable harm or injury. The party whom the order is issued against may request a hearing no later than 5 days. Other requirements for obtaining ex-parte and temporary orders, or additional features of guardianship over minors, are set forth in the statute.
In light of the above information, it should be evident that legal help is needed to make sense of and explain the particulars of guardianship, as well as rightly advocate in court for one's claim to guardianship. Sekella Law, PLLC has years of experience in pursuing guardianship, and our tailored, personalized assistance will help your cause.
Contact our office today to begin the process, and receive a preliminary case review from our Manchester family law attorneys.