Legal Question in Family Law in New Hampshire
Just asking a quick but important question
My ex husband was killed a few months ago (in afganistan). for years we had the arrangement that he had the kids one week I the other we have two children. joint custody he having physical of one and I the other for tax reasons. He signed a form before leaving for duty saying if something should happen he was giving his new wife joint custody ? is this legal?????? She now is taking the memorial fund money getting the kids cars and purchasing insurance on the cars without me being involved they are 15 and 17 can she do that? If they get into an accident am I at all responsible? is the insurance even legal if she is not a parent or guardian?
1 Answer from Attorneys
Re: Just asking a quick but important question
This is a somewhat complicated situation. I would like to examine your divorce decree to see exactly how the child care arrangements were defined. Assuming that you both had joint legal custody, after his death, the children should be in your sole care and custody.
However, the children have lost their father. I do not know what their relationship is with their step-mother or the duration of time the lived with her. Clearly, an evalution of what would be in the best interest of the children is critical.
Given that they are 15 and 17, I suggest that giving their wishes some weight is appropriate. If their step-mother has them as a part-time member of her household, there's no reason she can't purchase vehicles and insurance for their use, if properly licensed.
I suggest that meeting with an attorney to review all of these issues would be in your best interest.
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