Until 2012, the burden of proof to terminate a guardianship of a child was placed upon the parent to show, by a preponderance of the evidence, that the substitution or supplementation of parental care and supervision was no longer
Crusco Law Office, PLLC Blogs
Latest from Crusco Law Office, PLLC
Holiday planning during divorce
Nuclear families often have annual holiday traditions. A family may spend each Thanksgiving with paternal grandparents, Easter with a favorite uncle and Christmas Eve at church services with maternal grandparents. Kids look forward to these annual traditions. However, if parents
Ross v. Ross: Celibacy pending adultery claim
On August 23, 2016, the New Hampshire Supreme Court issued an opinion in Ross and Ross. It is a fascinating case about adultery and new relationships during a divorce. The outcome is a cautionary tale for persons seeking fault grounds for divorce. The
What is Marital Property?
In my years practicing family law, I have heard a lot of misconceptions about what is marital property. While the definition of marital property may differ between states, in New Hampshire marital property is anything and everything owned by the
Joint Decision Making: Words of Wisdom
I appreciate when judges talk to the parties at the end of the hearing. Today, following a hearing regarding disagreements about unilateral decision making and information sharing, the judge told the parties to ask themselves: Would you want to know?
Retroactive Modification of Child Support in New Hampshire
Over the years, I have had several clients come to me with issues regarding the retroactivity of a child support modification. These situations have included circumstances such as informal modifications of child support which were never filed with the court
IMO Sheys and Blackburn: Can New Hampshire maintain jurisdiction over a child when it is no longer the home state?
The New Hampshire Supreme Court issued its opinion In the Matter of Mary Sheys and Eric Blackburn on July 15, 2015.
The Facts
Mother and father married in 2005. They had two children during their marriage. When they divorced in
Guardian ad Litem Reports are Confidential
After you receive the GAL report and read it, your first instinct might be to share the document with family, friends and perhaps professionals such as therapists or teachers. It is important to hold back on this urge because the
Lessons from the Superbowl on Co-Parenting
A court will look to many factors under RSA 461-A:6 when making an initial determination of parental rights and responsibilities. Provided that each parent is capable of providing a safe, loving home, one of the most important factors that will
Spenard: Voluntary Unemployment, Financial Affidavits and Post-Trial Evidence
In the Matter of Susan Spenard and David Spenard was decided on October 17, 2014
The Facts
Husband and Wife married in 1998. During the marriage the Husband worked in real estate and owned several businesses and the Wife worked