Legal Question in Family Law in New Hampshire

Family Law - Visitation of NCP

I took guardianship of my grandson, with my daughter's consent, in Nov 2005. In January 2006, the Superior Court ordered supervised visitation for the NCP through a supervised visitation center. Now, the NCP filed in Probate Court for unsupervised visitation and a GAL was appointed. The GAL report is extremely biased in support of the NCP having 8 hrs unsupervised visitation and overnight visits at once. The GAL's report states that I have some significant and severe medical disabilities that such as I am unable to drive and has other limitations and is concerned that my health problems might interfere with my ability to care for the child on a long-term basis. I have diabetes, have never been determined to be disabled, do not receive SSI, do not have a handicapped tag issued to me for my use. How do I go about getting this GAL impeached and removed from the case? There are other issues with the paperwork from the GAL such as the incorrect names on the cover letter at the beginning.


Asked on 3/19/07, 6:40 pm

1 Answer from Attorneys

Bruce L. Dorner Dorner Law Office

Re: Family Law - Visitation of NCP

I wish there was a clear answer to your question. The GAL is a full party to the litigation. You need to cross examine the GAL to determine the basis for his/her findings. You may need testimony from your treating physicians as to your physical ability to deal with the needs of your Ward.

Remember, Guardianship is generally not intended to be a permanent situation, but only so long as is necessary. The overall intent of the law is to reunite the family and put the child back with her mother.

I do not recommend handling this type of matter on your own as the complexities of the courtroom can be rather annoying. Seriously consider hiring an attorney.

As always, this advice is of a general nature and is based only upon the brief facts you stated. Examination of the court record might lead to a different approach or different result.

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Answered on 3/25/07, 10:57 am


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