Legal Question in Family Law in Massachusetts

I am divorced but married again. I have two boys ages 9 and 11. My ex husband lives in NH but I live in MA. We share legal custody of our kids but the has physical custody. I would like to take him back to court. Is it possible to find a lawyer in Ma that can practice in NH also? If so how do I go about finding one other then calling all of them in the phone book.

Not sure A second question can be asked or not but here goes. My ex husband is suppose to carry the health insurance on the kids. He has not done so in almost 4 yrs. I have given him all the info needed to apply for state health insurance in NH but he has not. He and his wife both have jobs that offer insurance. I would like to know if I put them on my health insurance would that hurt or help me when I take him back to court. I need to decide soon, it is open enrollment at my work place.


Asked on 10/21/09, 10:19 pm

1 Answer from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

If ex-husband has custody (which I think is what you said), any case relating to custody must be brought in New Hampshire. I have heard through past clients that New Hampshire requires a certified copy of all of the docketed documents to proceed, and I confirmed that in the involved court myself. In the long run, the cost of copies is well worth it if you can save on attorneys' fees later on.

Child support and related issues like medical insurance remain in Massachusetts, but you may be able to transfer them to New Hampshire to consolidate them. You will need too discuss this with New Hampshire counsel. I am not sure off of the top of my head that you can do this without the ex's agreement, but I think that you can because he and the children are there. The point of this would be to consolidate all of your modification and contempt actions in new Hampshire and open up your choice of attorneys.

As for dual-state practitioners, your quickest route is to look in phone books and on the internet for attorneys in the border cities and towns. Those are often licensed in both states to take advantage of their "geographic draw."

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Answered on 10/27/09, 8:35 am


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