NH vs MA

[Serious Help]

What is the name of your state (only U.S. law)?
I just literally transferred my residency from NH to MA. I am in the process of a seriously awful custody battle with my soon to be ex.
We are currently now working with a GAL and I have not heard of anyone using this GAL and the only thing I can find on Google is a very negative complaint on at least a dozen sites.
My question is, I know I started this through NH - how can I go about making it become a MA issue and get it out of NH. NH is completely bullying me and negating any rights as a mother to my 14 month old daughter. The temporary schedule put in place is negatively effecting my child and no one is listening to me. Do I just let this play out in NH and can I re-file for a motion to reconsider a custody schedule in MA. My soon to be ex and I live about 45 minutes from each other and per NH they insist on a 50/50 schedule but that is just not in my daughters best interest.
Please help in any way possible.
Thanks

 

[Silverplum]

What is the name of your state (only U.S. law)?
I just literally transferred my residency from NH to MA. I am in the process of a seriously awful custody battle with my soon to be ex.
We are currently now working with a GAL and I have not heard of anyone using this GAL and the only thing I can find on Google is a very negative complaint on at least a dozen sites.
My question is, I know I started this through NH - how can I go about making it become a MA issue and get it out of NH. NH is completely bullying me and negating any rights as a mother to my 14 month old daughter. The temporary schedule put in place is negatively effecting my child and no one is listening to me. Do I just let this play out in NH and can I re-file for a motion to reconsider a custody schedule in MA. My soon to be ex and I live about 45 minutes from each other and per NH they insist on a 50/50 schedule but that is just not in my daughters best interest.
Please help in any way possible.
Thanks

You cannot do what you wish.

If you want to prevail, hightail it back to NH, and learn how to obey court orders and how to co-parent.

 

[Serious Help]

There is no high tailing it back to NH. We live in bordering towns and it is extremely common in this area to be in two different states. I'm originally from MA and moved back once a divorce was put in motion for the best interet of my child and I. Co parenting would not be an issue if my soon to be ex was someone that was able to communicate consicely and with an open mind for our child's sake.
Once this is said and done in NH I am wondering what my options are in MA. Obviously this is limited information and would appreciate others experiences or suggestions not judgement. Thank you!

 

[Serious Help]

Also, there is no court order against me living in MA and all orders are being followed even though they are not in my child's best interest.

 

[CJane]

As long as one parent and/or the child reside in the state that the orders originated in, that is where they will stay. If, at some point (far far far) down the road, one parent no longer lived in NH, and the child resided in MA (or another state), then the state in which the child resided COULD take over jurisdiction.

 

[Proserpina]

You mention that you live about 45 minutes apart.

Can you explain why a 50/50 timeshare is not in the child's best interest?

As to the rest, it's true that NH will retain jurisdiction.

Interestingly though, you might be better off with NH's rules anyway...several senior posters have mentioned that MA can be very tough on CPs if the CP wants to change things down the road.

 

[Silverplum]

I foresee 17 years of fighting.

 

[Proserpina]

I foresee 17 years of fighting.

I'm crossing my crossable parts and hoping not...but yeah.

 

[CJane]

You mention that you live about 45 minutes apart.

Can you explain why a 50/50 timeshare is not in the child's best interest?

I'm curious about this as well. When my ex and I had a 60/40 split, we lived a little over 45 minutes apart. It sucked for me for a lot of years, because I was spending a TON of time on the road (the kids attended school in his district) every day just to get the kids to/from school, never mind commuting to and from work, which was ANOTHER 45 minutes from their schools.

But I did it. Because it was what the court ordered and I felt that the continuity was best for the kids.

 

[Serious Help]

A 50/50 schedule is not what is best due to where both parents work and where my child attends daycare - at my work office building.
My child currently spends more time in the care with the current 50/50. I am looking to make it 60/40 - nothing crazy just a bit more consistency for my child. Also, my child resides with me in MA. Her residency is with me. Prior to doing so I double check several times with my lawyer.
So, what I am hearing is that, it will be impossible for me to change jurisdiction even after it is finalized in NH?
Also, I know this is going to sound naïve but CP? What is that and how do you mean MA is favorable?
All of this is very helpful and I really appreciate it.

 

[Silverplum]

A 50/50 schedule is not what is best due to where both parents work and where my child attends daycare - at my work office building.
My child currently spends more time in the care with the current 50/50. I am looking to make it 60/40 - nothing crazy just a bit more consistency for my child. Also, my child resides with me in MA. Her residency is with me. Prior to doing so I double check several times with my lawyer.
So, what I am hearing is that, it will be impossible for me to change jurisdiction even after it is finalized in NH?
Also, I know this is going to sound naïve but CP? What is that and how do you mean MA is favorable?
All of this is very helpful and I really appreciate it.

You have an attorney? Why ask the internet?

50/50 = child's residence is with both of you. Daycares can be changed.

 

[Just Blue]

There is no high tailing it back to NH. We live in bordering towns and it is extremely common in this area to be in two different states. I'm originally from MA and moved back once a divorce was put in motion for the best interet of my child and I. Co parenting would not be an issue if my soon to be ex was someone that was able to communicate consicely and with an open mind for our child's sake.
Once this is said and done in NH I am wondering what my options are in MA. Obviously this is limited information and would appreciate others experiences or suggestions not judgement. Thank you!

You don't have "options" in MA. This is a NH issue. It's just that simple.

 

[Proserpina]

A 50/50 schedule is not what is best due to where both parents work and where my child attends daycare - at my work office building.
My child currently spends more time in the care with the current 50/50. I am looking to make it 60/40 - nothing crazy just a bit more consistency for my child. Also, my child resides with me in MA. Her residency is with me. Prior to doing so I double check several times with my lawyer.
So, what I am hearing is that, it will be impossible for me to change jurisdiction even after it is finalized in NH?
Also, I know this is going to sound naïve but CP? What is that and how do you mean MA is favorable?
All of this is very helpful and I really appreciate it.

CP = custodial parent.

MA tends to be extremely tough on custodial parents in terms of relocating out of state (if you intend to do that at some point in the future), and in a few other ways too - they tend to believe that the status quo is best, and if a modification is requested the parent requesting the modification needs to have one heck of a good reason and a whole lot of proof to show that the modification is justified.

In other words, sticking to NH having jurisdiction may actually be best.

 

[Just Blue]

CP = custodial parent.

MA tends to be extremely tough on custodial parents in terms of relocating out of state (if you intend to do that at some point in the future), and in a few other ways too - they tend to believe that the status quo is best, and if a modification is requested the parent requesting the modification needs to have one heck of a good reason and a whole lot of proof to show that the modification is justified.

In other words, sticking to NH having jurisdiction may actually be best.

But that seems to be inconvenient for OP...After all she may way to move to RI and then say it would be a "hardship[" for the child to see her FATHER.

 

[single317dad]

What is the name of your state (only U.S. law)?
I just literally transferred my residency from NH to MA. I am in the process of a seriously awful custody battle with my soon to be ex.
We are currently now working with a GAL and I have not heard of anyone using this GAL and the only thing I can find on Google is a very negative complaint on at least a dozen sites.
My question is, I know I started this through NH - how can I go about making it become a MA issue and get it out of NH. NH is completely bullying me and negating any rights as a mother to my 14 month old daughter. The temporary schedule put in place is negatively effecting my child and no one is listening to me. Do I just let this play out in NH and can I re-file for a motion to reconsider a custody schedule in MA. My soon to be ex and I live about 45 minutes from each other and per NH they insist on a 50/50 schedule but that is just not in my daughters best interest.
Please help in any way possible.
Thanks

Does your temporary/provisional order address relocation? If so, you should follow the order or risk irritating your judge.

Jurisdiction will remain with NH for the foreseeable future. You need to work within their system to resolve your grievances.