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Need help in NH

Junior Member
What is the name of your state (only U.S. law)? New Hampshire.
I have a child that has lived in my home for 2 years now. Father had asked for him to stay with me when he was evicted from his apartment. Child would like to remain living with me. Since then the mother went to court to get sole custody (while still leaving the child in my care) so to get benifits for the child since father was not helping at all. Father was collecting benefits from the state for the child. Now mother not helping at all. Both parents seem to be fighting for custody for the benefits and not for the care of the child. His is not a relation, but has become a member of our family. Since staying with us we have loved, cared and supported him in everyway. He has been in school and staying out of trouble. (something he was having trouble with before) Is there a way for him to continue to stay with my family?
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? New Hampshire.
I have a child that has lived in my home for 2 years now. Father had asked for him to stay with me when he was evicted from his apartment. Child would like to remain living with me. Since then the mother went to court to get sole custody (while still leaving the child in my care) so to get benifits for the child since father was not helping at all. Father was collecting benefits from the state for the child. Now mother not helping at all. Both parents seem to be fighting for custody for the benefits and not for the care of the child. His is not a relation, but has become a member of our family. Since staying with us we have loved, cared and supported him in everyway. He has been in school and staying out of trouble. (something he was having trouble with before) Is there a way for him to continue to stay with my family?
Not if the custodial parent comes to pick up their child.
 

Just Blue

Senior Member
What is the name of your state (only U.S. law)? New Hampshire.
I have a child that has lived in my home for 2 years now. Father had asked for him to stay with me when he was evicted from his apartment. Child would like to remain living with me. Since then the mother went to court to get sole custody (while still leaving the child in my care) so to get benifits for the child since father was not helping at all. Father was collecting benefits from the state for the child. Now mother not helping at all. Both parents seem to be fighting for custody for the benefits and not for the care of the child. His is not a relation, but has become a member of our family. Since staying with us we have loved, cared and supported him in everyway. He has been in school and staying out of trouble. (something he was having trouble with before) Is there a way for him to continue to stay with my family?
I would suggest you consult with a GOOD Family Law attorney to see if you can file for custody based upon the fact you have had total care and control of the child for two years.

Perhaps even two or three consultations.

Good luck...

Blue
 

Proserpina

Senior Member
What is the name of your state (only U.S. law)? New Hampshire.
I have a child that has lived in my home for 2 years now. Father had asked for him to stay with me when he was evicted from his apartment. Child would like to remain living with me. Since then the mother went to court to get sole custody (while still leaving the child in my care) so to get benifits for the child since father was not helping at all. Father was collecting benefits from the state for the child. Now mother not helping at all. Both parents seem to be fighting for custody for the benefits and not for the care of the child. His is not a relation, but has become a member of our family. Since staying with us we have loved, cared and supported him in everyway. He has been in school and staying out of trouble. (something he was having trouble with before) Is there a way for him to continue to stay with my family?

How old is the child?

How would Dad feel about going back to court (based on the child no longer living with Mom)? Is POA perhaps an option?

NH is notoriously difficult in terms of third party custody unless the parents are actually unfit (in fact, it might be one of the least friendly states in the country); I sense that if you filed in court one (or perhaps both) parent would immediately have the child removed from your care.

For the same reasons, you would also not be successful in filing for "de facto parent" standing.

So...I'm wondering if voluntary guardianship (let them keep the darned benefits!) might be an option?
 

Need help in NH

Junior Member
Need help in NH

The child is 16, 17 in May. The benefits are not in consideration, my family and I have taken care of him since he has lived with us. He is tired of being used as a pawn between them.
 

Proserpina

Senior Member
The child is 16, 17 in May. The benefits are not in consideration, my family and I have taken care of him since he has lived with us. He is tired of being used as a pawn between them.


Okay - so the child is in school, neither parent wants physical custody and he's 17 in May?

I'm not sure what you want to accomplish?

Or is Dad now wanting custody back?
 

Need help in NH

Junior Member
Child wants to have say in whats going on in his life. Father and Mother want him back every now and then. But it never lasts long, and he ends up back with me.
 

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