my son is out of state but i want to file for guardianship in my home state

[skylarbrooke]

im in new hampshire and i want to file for guardianship of my son who lives out of state .. how can i start the process

 

[cbg]

Posting hx is an absolute must, folks.

 

[Isis1]

Posting hx is an absolute must, folks.

and some nitrus.....good lord!!

 

[ecmst12]

Consult a lawyer.

 

[latigo]

im in new hampshire and i want to file for guardianship of my son who lives out of state .. how can i start the process

If the son is a minor, then by New Hampshire law you as a parent are the son’s legal guardian – shared jointly with the mother unless that authority has been usurped by a NW domestic or probate court. Which is so regardless of the child’s state of residence.(NH Statutes Section I 463:3 Parents' Rights.)

But then there is subsection II of that Code Section, which in part seems a bit superfluous:

“Nothing in this chapter shall prevent the probate court from appointing a guardian of the person or of the estate or both, and the custody of any minor may be awarded to either parent by such court.

________________

However, your quest is not going to happen while the present circumstances continue to exist. Why?

Because the appointment process under Part II cannot be invoked unless the child (minor or of age) is physically present in the New Hampshire County where and when the guardianship proceedings are commenced. See Section 463:4 3 Jurisdiction and Venue.

 

[ecmst12]

Op's son is an adult, he was 19 almost a year ago.